Patent infringement can cause significant financial losses and competitive disadvantages. If someone uses, sells, or manufactures a patented invention without permission, the patent holder can take legal action. Understanding the available remedies helps businesses and inventors protect their rights.
Injunctive relief to stop infringement
Courts can issue an injunction to prevent further use of the patented invention. If the infringement causes immediate harm, a preliminary injunction may be granted early in the case. If the court determines that monetary damages alone will not compensate for the loss, a permanent injunction may be issued after trial. However, courts must balance this remedy with public interest concerns.
Monetary damages for financial loss
A patent owner can seek damages for financial harm caused by infringement. The court may award lost profits if the patent holder can show a direct link between the infringement and lost sales. If lost profits are difficult to prove, courts award a reasonable royalty, which represents what the infringer would have paid for a license. In cases of willful infringement, courts can triple the damages as a penalty.
Attorney’s fees and litigation costs
In exceptional cases, courts may require the losing party to pay the prevailing party’s attorney’s fees. This typically happens when infringement is deliberate or when the case involves misconduct. Courts also have the discretion to order reimbursement of litigation costs, which can ease the financial burden of enforcing patent rights.
Seizure and destruction of infringing goods
Courts can order the seizure and destruction of products that infringe a patent. This prevents further sales and removes counterfeit or unauthorized goods from the market. This remedy is particularly effective in cases involving large-scale infringement.
The impact of legal remedies
Effective legal remedies deter infringement and protect innovation. Companies enforcing their patents strengthen their market position and prevent unfair competition. Courts tailor remedies to each case, ensuring that patent owners receive fair compensation and that infringers do not profit from unauthorized use.
