Filed A Patent Infringement Search Holdings

Why does any invention required to get patented? It is not fair when one person invents something beneficial and somebody else reaps the benefits from the invention. Hence, it is important to protect any invention from getting duplicated, used, imported or offered for sale by persons other than the inventor. Patents are issued by a central Patents Office. One cannot file a patent for a mathematical discovery, creation of a literary or musical work, computer programs, an animal or plant variety, any method of medical treatment or diagnosis and any mental processes.

What happens if somebody violates the patent? Also known as patent infringement, violation of a patent occurs when somebody makes, uses, imports or sells an invention in an unauthorized manner during the term of the patent. As per the US patent law, patent infringement is a crime and the infringer violating this law is punishable. In case of patent infringement, the patentee has the right to file a civil lawsuit against the infringer in the appropriate civil court. In an infringement lawsuit, patent infringement is primarily determined based on the claims made on the patent. If the article manufactured by the infringer falls within these claims, then it is considered as patent infringement. One such example where a company is thought to have committed a patent infringement is given below.

Google, the most popular search-engine in the world, is being used for patent infringement over the VoIP portion of its Google Talk program. VoIP is a technology used for minimizing the cost of long distance calls by means of using the internet. The patent for this technology was awarded twice in 1995 and 2001. Google Talk is believed to have infringed upon this technology. While filing the complaint, the complainant asked for enforcement of the patent and a preliminary injunction against Google. If found guilty, Google will have to bear the cost of damages caused due to use of technology in the form of royalty.

There are also situations where governments are required to violate a patent. In these circumstances, courts cannot issue an injunction order against the government. However, the patentee is entitled to obtain compensation from the government.