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A Guide to Legally Securing Your Intellectual Property From Violations An intellectual property lawyer helps when you’ve developed or acquired rights to a unique invention and you need your financial and legal interests on it secured. Also, you’ll appreciate help from a patent attorney in Houston in defending any possible charges of IP rights violation. Below, we examine some legal interventions to guard against infringement or denial of well-merited artistic, scientific, or other intellectual property you created yourself. What Patent Rights Infringement Means Any exploitation of intellectual property without approval is an infringement. To discourage any probable violation, the person creating or owning rights to any intellectual property should firstly alert the world to the existence of any such rights. Notifying everyone discourages infringement by enhancing the visibility of the creator’s IP rights to people that could violate them mistakenly. This also comes with additional legal perks, and puts the owner in a better position to sue in court for any infringement should that become necessary.
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As an inventor, you can notify everyone one of your rights to it by marking your creation (such as a product) with the patent number that the Patent and Trademark Office assigned it. In case a patent is not yet approved, you may deter others from imitating its design by marking it with the label “patent pending.” Notice of trademarks and copyrights may be provided with appropriate labeling, such as using symbols (TM)and (C). The labeling is added on the invented material and the mark or copyright is registered to be introduced to government records. Steps to Take if a Patent Violation Occurs You can file a federal court lawsuit to have your intellectual property rights reaffirmed after a violation. But before you file a lawsuit, be sure to consult your intellectual property lawyer and see if that move is in your best interests. A careful and sober evaluation of your claims before going to court is important since IP infringement lawsuits can be costly to prosecute. Likewise, upon subjection to the scrutiny of court litigation, there’s always the risk that some IP ownership rights will be invalidate or shown not be as extensive as the owner thought. Possible Legal Solutions There are several possibilities when an intellectual property owner litigates in court and their claims are upheld. The infringing party may be ordered to halt their activity through a court injunction. Financial damages to the petitioner may also be available. Also, after the claimant’s patent rights are reaffirmed in court, the infringing entity may agree to a licensing deal. With such a deal, the infringer does not stop using the patented property, but the rightful owner receives the payments.