Patent Litigation Attorneys

Patent Litigation Attorneys Explaining Patent Validity

Do not delay talking to patent litigation attorneys. If you speak to a patent attorney quickly you will be able to determine whether or not it makes sense to file a patent infringement claim. It is best to seek counsel early on so that you do not waste any time or money. These types of cases tend to take a long time and can become rather costly. Working with patent litigation attorneys will give you an idea of what you can expect. Contact the firm of Williams Kherkher and our team of patent litigation attorneys, who are ready and able to assist you with all of your patent infringement needs.

Invalid Patents

If you have decided to pursue legal action against a party or entity who you suspect has infringed upon your patent, be clear on whether or not your patent may fall under the category of unenforceable or invalid. An accused infringer can decide to counter your claim by accusing you of having an invalid patent, and thereby negating any claim of infringement.

The following are some patent scenarios that if found out to be true, will make the patent invalid.

• The invention is not useful or new.
• The invention was already made by someone else or used by someone else that described the invention in a written publication. The publication date was before the invention date.
• The invention is too obvious, that is, someone could have easily recreated the invention.
• The invention does not benefit the general public in any way.
• The patent itself does not describe the invention in enough detail that someone can recreate it.
• The maker of the invention did not include a description of what is the best way of using the invention.
• The patent application was filed over a year after the first time the invention was used in public.

Since an accuser has the ability to use the invalidity of your patent as a defense, it is important to speak to a patent attorney. Your attorney will be able to assess your case determining whether or not you will have issues with any of the above scenarios. Be sure to have all documentation of your patent when meeting your attorney. We suggest that you meet with one of the patent litigation attorneys of Williams Kherkher to learn more about what your legal rights are. Do not hesitate to call Williams Kherkher with any questions or concerns you may have.