Home |   Contact |   Newsletters |   Feeds XML
   
 
 
Patent News     |
Attorney Resources
 
  Patent Information
 

 

Patent Information


Patent Resources

 



Call Patent Attorney click-to-call from the web 

Patent Information » Patent FAQ

What are the Penalties Associated with Violating a Patent?

What constitutes patent infringement and the damages that may be awarded.


Patent Infringement

When someone violates the patent rights of another person, it is known as infringement. When infringement occurs, there are different scales of action that may be taken to protect patent rights, including suing an infringer by the patent holder. If a patent infringement case is taken to federal court, the patent holder may ask the court for an injunction to prevent further infringement and also ask for monetary awards to cover damages caused by the already committed infringement. If litigation of the case is successful for the patent holder, they may recover monetary awards that are “not less than a reasonable royalty”, or in some cases may receive lost profit values to cover their damages. Furthermore, treble damages may be awarded in favor of the patent holder if they successfully prove willful infringement occurred, meaning they would get triple the monetary award.

 

 
 

All content in this site © 2005 - 2008 PatentLawPortal.com and Terry Williamson. All Rights Reserved.

The information provided on this Website is for informational purposes only. It does not constitute legal advice nor does it necessarily reflect the opinion of PatentLawPortal.com. There is no implicit guarantee that this information is correct, complete, or up-to-date. PatentLawPortal.com is not intended to create an attorney-client relationship between you and PatentLawPortal.com. You should not act or rely on any information in this Website without seeking the advice of an attorney.