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BUSINESS BASICS CHANNELS ![]()
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Patent Infringement! Filing for intellectual property (trademarks, copyrights and patents) is only one step in protecting your rights under the law. You must actively look for companies that are using your intellectual property and enforce your rights. No one else will do it for you. The government gives you the right to protect it in court but does not enforce your rights for you. The problem is that it can be very expensive to protect your rights. That's rough on small company with limited resources. Are you going to have to enforce your intellectual property? Seasoned Colorado IP attorney, Rick Martin, says, "The question isn't: Will you have to defend your IP rights? The question is: When will you have to defend your IP rights?" One of the best ways to stop someone from copying your product or other protected property is to have your attorney send a letter detailing the violation and firmly asking them to stop. It's important to do this as soon as you become aware that someone is doing this. A quick response to a problem often results in a quick, and inexpensive, solution. It is possible that they are not aware that you own these property rights. It is also possible that they may want to produce the product or information badly enough that they will be willing to pay you for the right to do this. This is called licensing, and a company or individual who uses your intellectual property with your license does so under specific conditions and pays you royalties for the right to use your property. Why should you have your attorney contact them? It says that you are serious and willing to spend money to protect your property. That in itself may cause them to consider stopping or licensing rights from you. Even if they do not stop, your attorney's records can be useful later. However, if you do not have an attorney, still send a letter detailing that you believe they are using your property. Include verification information on your patent, trademark or copyright so that they can check it with the U.S. Patent and Trademark Office (http://www.uspto.gov/). One way to protect yourself is to buy patent infringement insurance. Intellectual Property Insurance Services Corporation of Louisville, Kentucky offers policies with examples ranging from $250,000 to $1,000,000 of coverage. Published minimum premium rates range from $2,500 for $250,000 worth of coverage to $7,500 for $1,000,000 per occurrence/$1,000,000 maximum. Like any form of insurance, the IP you're protecting, your industry and your own past claims and credit record can affect your premiums. Patent infringement insurance can provide the funds to pay legal counsel, expert witnesses, and other costs of enforcing your IP rights. You can choose additional coverage to defend your rights outside of your country, to cover property where only a patent or trademark application has been made. It will not cover costs when an infringement exists from before the policy becomes effective. IPISC will allow you to choose your own attorney, as long as they have been admitted to the patent bar and did not do your patent work or do any other work for your company. The attorney will be required to set a reasonable budget before proceeding. http://www.infringeins.com/
-Cynthia Nemeth-Johannes
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