Patent Infringement
However, if anyone tries to use the patentees’ concept, product or technique to make profits then this is termed a patent infringement. If an individual is protected by means of a patent infringement insurance plan, then it would prove to be most helpful in such situations.
Patent infringement means others trying to use a patentee’s technique for making profit or for his personal motive without taking the consent of the patentee. It is illegal and the patentee has all the rights to take legal action against those persons or organization.
Different countries have different laws to deal with the infringement but every country tries to protect the right of the patentee. The patentee may too provide various excuses as to why he did resort to such an illegal procedure. They may try to prove that the patentee has adopted illegal means to obtain patent rights and at the time of filing the application that particular method or technique were already being used by some others.
The patentee has to provide all the proofs to claim his rights otherwise he may end up being a loser. Generally the application is filed in the patent office which falls under the jurisdiction of the applicant which in majority of the cases is the country in which the applicant is residing. However there are regional forums also like European Patent Office where also the application can be filed.
Patent office also contains different types of application which can be used for different purposes. In the patent prosecution process the applicant has to interact with the patent office as why he should be granted patent of the respective product. There are different types of patents such as plant patents, software patents, design patents and utility patents.
There are two type infringement direct infringement and indirect infringement. In case of direct someone directly tries to copy the techniques of the patentee while in case of indirect a third party who is the supplier of the product is involved.
There is patent infringement insurance too available wherein the insurance company takes the responsibility of providing economical help to the patentee in case he has to suffer any loses. Nowadays the term patent pirates are also being used in place of patent infringement.
The applicant has to file for patent infringement insurance; the insurance company then promises to take care of the losses which the patentee may suffer in case of any infringement. The patent insurance is helping much organization from getting protection from behemoth organization which used their money power to harass the patentee.
In case of patent infringement insurance the patentee should be prompt in taking legal actions which will help them to protect their rights; if he is late then in future the patentee may be the ultimate loser. This helps in protecting the rights of the patentee.
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