Avoiding a patent infringement lawsuit

In the quest for a patent, a company or individual typically retains an attorney to validate that there is not already in existence a pending patent of the same caliber. This is referred to as a clearance search. After the clearance search is complete, the patent infringement lawyer then offers his legal opinion to the status of the invention and then to the likelihood of the product being a threat of patent infringement. After these steps are completed, the inventor then files a patent application. Only after the patent application has been published can there be any threat of it.

Unintentional patent infringement is still prosecutable. However, only if willful patent infringement is determined can the jury then award the claimant up to three times the actual damages plus legal fees. Involuntary patent infringement does not allow for such high damages, however, damages for losses, estimated losses, or potential losses are a possibility along with the right to demand removal of the product from commercial venues.

Because it comes with such heavy consequences, it is typically agreed upon that attorneys or patenting agencies, such as InventHelp, are hired by the company at the onset of any new project. Attorneys are able to provide the valuable insight into latent law that can help a company determine whether or not to proceed with a particular project.

It is possible to purchase insurance, which protects the inventor in the event that they accidentally overstep laws. However, patent infringement insurance policies generally demand that the inventor or the inventor’s company confer with a patent infringement attorney prior to purchase of the policy.

In the event that the attorney ill advised the inventor, the insurance then protects the inventor and his company from financial devastation. Although patent infringement attorneys are well versed in law and the practices of avoiding a patent infringement lawsuit, they are still human beings and it is possible for an attorney to make an error.

Being able to invent something new and to improve the world in one form or another is really an amazing gift. Of course, everyone wants their just desserts when they produce something that no one else has thought of. Laws are there to help protect free enterprise and to encourage the continuation of developments and inventions. Intellectual property is one of the highest assets we as human being are blessed with, and it is always positive when it is applied in good turn. You can read more about it from https://www.indeed.com/cmp/Inventhelp/reviews?fcountry=US&floc=Pittsburgh%2C+PA too.

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