What are the potential remedies for patent
infringement?
Imagine you have invested significant time and resources into developing a groundbreaking invention and securing a patent to safeguard your intellectual property. However, what happens if someone infringes on your patent by using, making, selling, or offering to sell your invention without your permission? In such cases, the law grants you the right to seek various remedies through the court system to protect your rights and potentially recover compensation for the infringement. There are many potential remedies available to you in the event of patent infringement.
2. Monetary Damages: This remedy allows you to recover financial compensation for the harm caused by the
infringement. This can include lost profits, reasonable royalties, and any other costs incurred by the
patent holder.
In exceptional cases of willful infringement, where the infringer deliberately disregarded your patent rights, the court may award increased damages up to three times of actual damages. In determining the number of damages to be awarded, courts will consider several factors such as the nature of the infringement, the profitability of the infringing product or service, and the extent to which the infringement has harmed the patent holder’s business.