Patent infringement lawyers are the most qualified to answer your questions. The law pertaining to patents and the subsequent infringement practices are best interpreted by a lawyer. However, the basic concept is simple.



Filing a patent means that no one else is allowed to create the same concept, product, product enhancement, or formula that you have patented. When there is a question as to whether someone else has mimicked your patent, the first phone call should be to a highly rated lawyer.

Lawyers can advise you and your company on the next right steps to take in protecting your patent rights and your patent profits. Patent infringement is considered a prosecutable offense in some states and a civil matter in others. This is why it is so important to hire a lawyer immediately. A lawyer in your state can advise you of the next crucial steps in conducting investigation and filing a lawsuit.

A lawyer will probably recommend sending a letter to the accused company that explains that you have a patent on the product which they are marketing and they must cease marketing and production immediately. The choice belongs to the offending company whether or not they will cease or if they feel they have not infringed on any patent laws.

If the infringement was in error, most companies will comply, although some will continue their production and marketing believing they can present their error as an excuse in court. Their actions are also determined by the quality of their lawyer.

The law does not excuse patent infringement by accident, and whether or not there was any intent behind the act does not need to determine whether or not your company wishes to take them to court and file a lawsuit.

Your options can be fully explained by a qualified lawyer. The marketing, sales, and production of your invention or product is a huge infraction in business law, and most companies who are made aware of the potential patent infringement do follow through with legal action.

When your lawyer brings the case to the court's attention, the jury will not be the only ones paying attention. There can be stiff competition between businesses in the same industry.

In order to be competitive, companies must be able to produce either unique products, or products which are quite competitive with other companies in the same industry. This means that companies within your industry will be paying particular attention to the proceedings headed by your lawyer.

It is not uncommon for companies to research new inventions and new products in the hopes of creating a very similar product with enough variations to keep them on the right side of the law when it comes to patent infringement.

Your lawyer will be able to explain in very great detail what constitutes patent infringement and what constitutes very fine hair splitting.

It can be frustrating for companies who spend ample time, money, and energy developing a new product and going through the steps to patent it while their product is being mimicked closely enough to hurt the over all sales but still tread on the safe side of patent infringement.

During the development of their new product, they may very well be working very closely with a lawyer to be specifically satisfied that they have not trampled any patent laws.

If your lawyer is unable to prove the patent infringement, there is a high likelihood that there will be a flood of knock offs of your invention within the industry soon after the end of the trial. Items which are particularly popular with consumers are likely to remain that way, and consumers by nature are quite disloyal when it comes to saving a few dollars.

If a competitive company within the industry can reproduce your invention for less knowing that you already lost your attempt to file lawsuit, your company may need to restructure the production of the item in order to lower the price back to a competitive price.

This is yet another contributing factor to ensuring that you hire the most qualified and most aggressive patent infringement lawyer possible. Your lawyer has your company's financial future in their hands.