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Questions You Want To Know
Utility Patent is granted to inventions which are novel, non-obvious, statutory, and useful. It gives an exclusive right to the inventor to sell, produce and commercially utilize his invention.
Utility Patent enforcement is necessary to protect your exclusive ownership over your invention and prevent others from commercially utilising your invention. It helps you to generate revenue from your invention.
For enforcement, you must have at least filed your invention with the patent office of the concerned jurisdiction. You need to provide the Application No. of the applied utility patent, as on the basis of the filing date you can warn the infringer that using your invention may lead to serious consequences once the patent is approved.
Grant of the patent is not mandatory to enforce your rights. But, you must have to show that you have at least filed your application to get utility patent protection. After grant, you can go for litigation as well.
To enforce your utility patent rights, you need to go ahead with the takedown notice. This is the process by which a request or notice will be sent to the ISP or OSP (Internet Service provider or Online Service Provider), to stop the infringer from infringing your utility patent online.
Enforcement provides you the protection against unauthorised commercial usage over your utility patent. It helps you to protect your utility patent from being infringed and commercially used by any other person in this competitive world.
Yes, Patents have territorial rights. In general, the exclusive rights are only applicable in the country or region in which a patent has been filed and granted in accordance with the law of that country or region.
Patent follows first to file principle. Hence when you submit the application you are marked as patent pending. The patent-pending designation serves as a warning to the other infringing sellers that using your invention may lead to serious consequences once the patent is approved.