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    What to Do If Accused of Patent Infringement

[Valid RSS feed]  Category Rss Feed - http://www.matcomall.com/articles/rss.php?rss=261
By : Nick Johnson    99 or more times read
Submitted 2007-04-10 14:50:44
Patent violations do occasionally happen accidentally. With research tools and the high level of technology available, patent violations shouldn't happen accidentally very often, but they do. Nor is it unheard of to be accused of a patent violation when there isn't one. Either way, fast action is required if you or your company is accused of patent violations.

The first step is contacting a patent infringement lawyer, someone who can guide you step by step in protecting your assets, your company, and you reputation while an investigation is conducted into the patent violation accusation. As you follow your patent infringement lawyer's advice, you may discover that you or your company is completely innocent, or you may discover that you accidentally violated patent infringement laws.

The laws protecting patents and those which outline patent violations are very intricate, and should be interpreted by a qualified patent infringement lawyer if there is any question of potential patent violation from concept to final production. Patent violations costs companies million of dollars and should not be taken lightly. It is better to pay a patent infringement lawyer in the early stages as a consultant than it is to have to pay him after a patent violation accusation.

The steps taken in the wake of a patent violation are vital, and should be followed exactly as determined by the patent infringement lawyer. Seeking the advice of a patent infringement lawyer and then determining your own path may very well be business suicide. It is necessary to protect yourself.

After the initial consultation with your patent infringement lawyer, you should have an adequate understanding of whether or not you are guilty of a patent violation. This will determine your company's actions and may very well affect things such as employment, production, and profits.

Depending on the company, this may very well be a devastating blow. Small companies who are heavily dependant on one or two products for profit can find just the steps taken after being accused of a patent violation will be enough to close them down. Closing the company doesn't necessarily mean that those prosecuting the patent violation will drop their claim. It may simply mean that the patent violators will need to find an alternative method of paying off the judgment, if there is one.

Being accused of a patent violation is a scary proposition. Your patent infringement lawyer will be able to thoroughly explain the various steps that occur from the moment of accusation all the way through the final judgment. Sometimes knowing what is likely to happen can ease the fear of being accused. Of course, being accused of a patent violation when in fact there isn't one can be a very frustrating experience.

Being financially drained over an illegitimate cause for a small company is just as devastating. In this case your patent infringement lawyer can help you file a counter claim to recoup your losses from a false claim.

Not all patent violations are obvious to either the accused or the victim of the patent violation. Induced patent violations are tricky, as they involve a principle based in misleading, and avoiding an induced patent violation can be as simple as changing the wording on the packaging.

Consulting with a patent infringement lawyer can avoid incidents of even induced or indirect patent violations. Patent infringement lawyers can be downright invaluable when the product or invention being created is even remotely similar to an existing product or invention.

Once you or your company has been officially accused of a patent violation, there are precious few options other than to settle the matter via legal means. It is nearly impossible to resolve the matter without a patent infringement lawyer, and considering all that is at stake, it wouldn't be prudent to try.

Patent infringement lawyers are highly qualified to steer you in the better direction when dealing with patent violations, regardless of how much an on staff lawyer may be. Unless your on staff lawyer is a patent infringement lawyer, it would be prudent to hire a specialist.

Choose a patent infringement lawyer carefully. Take the time to review their record carefully and thoroughly discuss the pending patent violation case. Naturally, entering into litigation over a patent violation with a less than average patent infringement lawyer could mean the difference between surviving and closing the company doors deeply in debt. The patent infringement lawyer of your choice can determine your future. It is vital that you take the time to choose wisely.
Author Resource:- Nick Johnson, lead counsel and founding partner of Johnson Law Group, represents individuals or companies with cases involving patent infringement. Find more information at: http://www.toppatentinfringementlawyers.com or call 1-888-311-5522
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