A REVIEW ON THE PATENT INFRINGEMENT REMEDIES
WHAT CAN I RECOVER IF MY PATENT HAS BEEN INFRINGED?
We will start this article by first explaining what patent infringement is before we go to the area of discussion which is the patent infringement remedies.
Patent infringement is the commission of a proscribed act with reverence to an original invention devoid of permission from the patent possessor. Permission possibly will characteristically be granted in the form of a permit. Infringement of an exclusive rights consists of the unconstitutional making, using, offering for sale or selling any patented creation within the United States or United States Territories, or importing into the United States any original innovation during the term of the patent. If a patent is infringed, the patentee may well sue for relief in the suitable Federal court. The patentee may ask the court for an order to avert the continuation of the infringement and may also ask the court for an award of compensation because of the infringement.
Now let us move further
The possessor of a patent may get civil proceedings in respect of any act of violation of the patent and in those proceedings may make a claim for an order to hold back infringement, an order for delivery up or obliteration, compensation or an account of profits and/or a pronouncement that the patent is valid and has been infringed.
A claim for compensation or an account of earnings can be made in respect of infringements that take place at any time after it has been published of a patent application. An applicant is only at liberty to bring proceedings after the patent has been approved.
There are quite a few remedies obtainable to patent owners in the event of infringement. These remedies include:
An injunction to discontinue a defendant from infringing a patent is the nearly all common form of remedy sought and granted in patent infringement proceedings. An order is an equitable remedy and it is consequently at the prudence of the court to grant. Where the court considers that an injunction would be lopsided it may rebuff to grant one.
A temporary injunction is transitory and stops the alleged infringement(s) pending the disagreement can be heard at trial. Normally injunctive relief is granted subsequent a finding at first-instance that at least one legal claim of a patent has been infringed, such an injunction is final.
Monetary remedy, in the form of compensatory reimbursement, is available to remedy patent infringement:
- Compensatory reimbursement – A patent possessor may recover gone profits for infringement once they have recognized the value of the patent
- Increased reimbursement – Up to three times the compensatory damage can be recovered in cases of intractable or deliberate infringement
- The time period for damage ‘ Rights to damages can be claimed only subsequent to the date the patent was issued and extends back only 6 years commencing filing of the infringement claim
Declaratory and other remedies
The court possibly will make a declaration that the patent is legal and has been infringed. Where legality is contested and the patent found to be completely or to some extent valid, the courts, who lead the UK’s Intellectual Property Office (IPO), may perhaps certify those findings by way of an official document of contested validity. This has costs implication in any afterward proceedings challenging the legality of the same patent.
In conclusion, these are the patent infringement remedies that will be available to anyone who is patent has been infringed.