How can I defend myself against allegations of patent infringement?

Protecting yourself from allegations of patent infringement begins with awareness. Be aware of the patents your products or services may be infringing upon. Through extensive research and familiarizing yourself with the applicable patent laws, you will be in a better position to defend against accusations of patent infringement. In California, patent infringement is addressed through the United States Patent and Trademark Office (USPTO). It is important to consult with an experienced patent lawyer who can help you understand the patent laws and your rights as a business owner. A qualified patent law attorney can evaluate the strengths and weaknesses of your case and provide advice on how to proceed, including filing of counterclaims or negotiating with the patent holder if the infringement is deemed to be actual. If the patent holder wishes to take legal action, your attorney can advise you on the potential defenses against infringement and help you develop strategies to protect your business. The most common defense strategies are invalidity, non-infringement, and unenforceability of the patent. Another defense may include claiming you were unaware of the patent at the time of the alleged infringement. The ultimate goal is to prove that your actions were not a willful or deliberate violation and that compensation is not warranted. Your best defense may be to be proactive. Before launching a new product or service, be sure to review the prevailing patent laws and consult a qualified patent attorney for advice. He or she can help you recognize potential patent infringement and protect your business from legal action.

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How can I defend myself against allegations of patent infringement?

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