Patent litigation involves either getting sued or receiving a demand letter. A patent litigation has been specifically compared to a David and Goliath struggle. The plaintiff that is involved within the patent litigation process can either be a local business or an individual. The defendant in the patent litigation process will most likely involve a large corporation that not only has unlimited resources, but also has money. A patent litigation occurs when an individual or a company who holds the rights to a specific patent, enforces their patent rights against someone else or a different corporation. This most likely occurs when someone who is selling something without permission from the person who owns the patent, gets into trouble.
This struggle often enough leads to one person suing the rights to the patent. In addition to this, the other person counter-sues due to the claim that the patent on a specific product is notably invalid.
The most common way to deal with a patent issue is to bring the case to court. The United States, specifically, follows the rule that the person who is first to invent, is the person who owns the patent over the product. However, most other countries follow the rule that the company or individual that is the first to file, is the one to receive the patent over the specific product.
In order for a patent to be declared invalid, there are several options. The first way that a patent can be declared invalid is if a product is not novel or even different from other products. A patent can only be legal if it has been documented and certified that it is a novel or original product. If the patent is not considered to be invalid, there are other options. One method is called an injunction which stops the person from infringing or stealing the product that is protected under the patent. If the product is stolen, then the one without the patent must pay for the damage done.
A patent litigation, overall, is when someone or a company has stolen an idea or a product that is not original. Those with the rights to the patent will enforce their rights other the other party using an invention or product without asking for permission. The patent litigation process is a long process that will discover who deserves to keep the patented product or the patented idea. Visit at http://www.techpats.com/ for more info.