Patents serve as one of the best forms of protection available to innovators. A patent protects an invention from imitation, preserving the inventor’s market share. Even non-technically based business can profit from patent protections, and a well-protected patent portfolio may be essential to an organization’s continued success. Although patent protections are comprehensive, another party may attempt to challenge or infringe upon the patent.
As leaders in intellectual property, the attorneys of Coats & Bennett, PLLC, have a deep understanding of patent law. We help businesses, scholars, scientists and entrepreneurs defend patents, pursue infringements and monitor new patent applications for potential violations. Clients benefit from our significant litigation experience, diverse industry knowledge and technical background.
A challenge to a patent’s validity can arise if infringed upon, during the patent application process or when someone files a similar patent. Patent defense actions are typically divided into pre-litigation and litigation activities. Pre-litigation encompasses activities outside of court before parties file a formal complaint. If the matter escalates to litigation, the patent owner can pursue a judgment against the infringer. Outcomes can include a temporary injunction to stop the competition, a monetary settlement or payment of fees or royalties through a licensing agreement. The outcome goals and appropriate avenue for recovery will vary depending on the threat to the patent.
The intellectual property protection methods tend to favor the first inventor to file a patent application rather than the first person to invent an item. Patent examiners cannot be aware of all facts that could constitute invalidity and grant patents with a presumption of validity. Adept legal representation is an innovator’s best defense against a patent validity challenge.
Based in North Carolina, we serve clients throughout the nation and worldwide. Call our office in Cary at 800-575-1278 or arrange a consultation by contacting us online.
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1400 Crescent Green
Suite 300
Cary, North Carolina 27518
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Address
1400 Crescent Green
Suite 300
Cary, North Carolina 27518