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4 Ways to Prove Patent Infringement

When you have rights to a patent, you need to protect it. After all, you didn’t put ALL of that hard work into getting a patent approved just for someone to steal it.

For a successful patent infringement claim, you need to provide actual proof of infringement with the help of a patent attorney in Phoenix.

What is Patent Infringement?

Patent infringement occurs when someone else (an individual or company) violates a patent owner’s rights to an invention. When something holds a patent, it can’t be used or made to sell without permission by the patent owner.

When infringement occurs, the patent owner must file a case with the United States Patent and Trademark Office. This is when the owner must provide proof of infringement.

Proving Patent Infringement

  1. First things first, prove that you actually own the patent. This means you put the work into properly executing a patent and application, and it was validated by the USPTO. This is going to help your case tremendously and will make things run more efficiently.
  2. Next, you need to identify the person or company that is responsible for the infringement. This is where definite proof needs to come into play. For example, find the person behind using your idea on a website or selling your product without your knowledge.
  3. After you identify the person responsible, you now have to identify how your patent is being infringed. Did they sell your product? Or are they using an idea of yours for their own advertising purposes? Provide the actual proof of infringement once you accurately identify who is behind it.
  4. Take the time to document everything! Use the help of an attorney who specializes in patent law to make sure everything is clearly documented. These legal professionals know the process of bringing forth a successful patent infringement case. Once you know you have a clear patent and identify who is infringing it and how, it is time to put it all together with proper documentation.

Protecting your Patent

It is up to YOU to protect your patent. You must be the one to identify any infringement. The USPTO isn’t responsible for searching for infringement. It might seem like a lot of work, but investing in a system to identify any patent infringement is well worth it.

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