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Role and Importance of Patent Litigation

Role and Importance of Patent Litigation

The main aim of the patent system is to promote growth by protecting the invention. How patents are defined and safeguarded, which depends on how the legal system settles intellectual property issues, will determine if this goal is accomplished. The role of Patent Litigation has become more crucial to the patent system.

Intellectual property is frequently the most important and valuable aspect of a business hence; companies need to preserve this asset as much as they can to prevent a rival from using this asset without the authorization of the patentee. That’s why we have come up with a blog that talks about the Role & Importance of Patent Litigation. 

What is meant by patent litigation?

Simply put, patent litigation is the legal procedure that takes place when the patent holder of a certain invention seeks to protect their legal entitlement by bringing legal action against a third party who has manufactured or sold the invention without authorization. The accused party will typically refuse this assertion by arguing that the specific patent in question should be invalid.

The main reason for Patent Litigation cases to be very time-consuming, technical and expensive is that both parties are trying to claim the same idea or innovation. 

The discovery procedure for Patent Litigation is difficult and time-consuming, and many patent experts must be consulted and deposed. The cost of a protracted trial is high, and millions of dollars will be spent on millions of patent litigation cases.

It is the responsibility of the legal team in patent litigation to show that a patent is invalid if a claim is being contested. This can be accomplished in a variety of ways, but they all centre on the notion that an innovation lacks originality.

Role of Patent Litigation

Legal actions for patent infringement or revocation are referred to as patent litigation. Making, utilising, proposing to sell, or using a patented invention without the patent owner’s consent makes up infringement.

Revocation proceedings in patent litigation are claims against the validity of patents made in civil courts by businesses that want to avoid being held liable for violating “erroneously” granted patents. 

Importance of Patent Litigation

Patent litigation is important to safeguard yourself from infringement and violation of your patents. Even if you have a patent, you cannot protect yourself from infringement cases. That’s where patent litigation comes into play. If there is an infringement case against you, you can invalidate their patent as a defensive measure. If you think someone has exploited your invention without your permission or license, you can sue them in court using patent infringement litigation and claim the damages that it has caused you.  

Note: Patent litigation, however, is time and money-consuming. In most cases, a huge corporation is a defendant, while a small business is a plaintiff. Because of this, the plaintiff has to face a challenging legal situation.

What Strategic Considerations Are Involved in Patent Litigation?

Several tactical factors can influence a patentee’s decision to file a patent litigation case. As Patent disputes can cost a lot of money and take a long time to resolve. The company’s overall interests must be considered when deciding whether to enforce or contest patent business objectives and plans.

A comparable list of factors must be considered by a business when deciding how to respond to a potential patent lawsuit (Whether to prove your patent valid or invalidate the patent of another party). The early participation of patent litigation lawyers is essential to wise decision-making in any scenario. Besides whether there is infringement, a business wishing to enforce a patent should consider several factors. The Strategic Considerations for Patent Litigation are:  

  • The type of remediesavailable for infringement, 
  • The costs of advancingthe infringement versus the expenses of not pursuing it, and 
  • Any potential counterclaimsthe defendant may make. 
  • The expected durationof resolution
  • The litigation’s objectives, considering the severity of the claimed infringement 
  • Exposure of the patentee to a countersuit
  • The quality and makeup of the contested patents
  • The requirement to plan a Patent Litigation strategy(Patent Legal Strategy) across several fronts

Conclusion

Patent Litigation plays a very important role while safeguarding your patent validity. But Patent Litigation cases can be very expensive, and technical and require special attention from experts. That’s why when you find yourself in such litigation cases, then without fail contact with Wissen Research. We at Wissen Research have years of expertise safeguarding their interests. Our litigation team comprises competent IP experts who have vast experience in (patent litigation support) and resolving complicated matters for our clients. Our specialists work closely with clients to determine the complexities in a case and provide the best advice available.