Patent Infringement: What Now?

Inventions get patented all of the time. In order for a patent to be granted it is supposed to meet certain criteria. A patent should be innovative, non-obvious, and useful. If an invention does not meet these criteria, it should not be granted. However, this is not always the case.

Patents are often granted even though the invention does not meet the required criteria. If you use the patented invention or information without express permission, the owner will likely sue you in a civil case. This is unfortunate, but it does give you a chance to express your side in court.

As the defendant in a civil case, you have the opportunity to show that the patent is invalid or unenforceable. The most obvious way to accomplish this is to show that the patent does not meet the aforementioned criteria.

Some of the most common ways to protect yourself from patent litigation are:

• Proving that the invention is too obvious for patent
• Showing that the patent lacks enough detail to protect it
• Proving that the patent application was filed too late for it to be valid

The easiest and best way to fend off patent litigation against you is to use a good patent litigation attorney. A skilled attorney knows the specifics of patent law and can find the best way to defend your case.

A Patent Litigation Lawyer Can Help

If you are facing patent litigation, or would like more information on how to prove invalidity of patents, contact the patent litigation attorneys of Williams Kherkher at 866.950.9000.