Patents Assignment

Selling, offering to sell, using, or manufacturing a patent product without the owner’s permission can constitute patent infringement, even if the infringement was unintentional. As with copyrights & trademarks, unauthorized users of protected intellectual property can be held accountable under patent law. After inventing and patenting a super water filter, Jane sues Paul for infringement. When it comes to infringement of patents, the availability of an injunction for the plaintiff can be granted by a federal district court judge who is hearing the case, however there’s certain standards and discretion of the issues that must be met along with the patent owner meeting the burden of proof as well.

Title 35 Section 281 provides for civil patent infringement injunctions Section 283 permits courts to grant injunctions in accordance with the principle of equity to prevent the violation of any right secured by the patent. As with copyright and trademark laws monetary damages are often inadequate to protect patent owners unless a patent owner is able to stop infringers from using their invention without permission, the value of patents would be undermined. The four standards considered are:

1.a reasonable likelihood of success on the merits

2.irreparable harm if the injunction were not granted

3.the balance of the hardships

4.the impact of injunction on public interest.

Jane successfully invented & patented a super water filter.Unbeknownst to Paul, he started marketing a similar filter under his name. Although Paul had no knowledge of Jane’s patent, Paul has infringed Jane’s rights. The judge should indeed issue the injunction to stop Paul from marketing the patent and according to section 284, the judge may also award other damages as well.

The burden of proof rests on Jane, being that she is the patent owner, therefore Jane has to prove that the greater weight of the evidence presented shows that the patent has been infringed. Jane has proved that Paul has infringed her patent product by marketing a similar product. Title 35 Section 283 provides that a grant off injunctions may be issued in accordance to the principles of equity to prevent any violation of any rights secured by the patent.

Back in 1790, the first patent in the United States ever granted was to Samuel Hopkins. Hopkins came up with a method of producing potash (an ingredient used in fertilizer) the patent was granted and signed by President George Washington. When it comes to infringement of a patent, the issue can be complex. Various standards must be met at the judge's discretion. In all infringement cases the burden of proof lies on the person who owns the patent, therefore Jane shall prevail in her case.

References

Online Paralegal School – Paralegal Specialty Courses - Patents, Trademarks & Copyrights - National Paralegal College, nationalparalegal.edu/Patents.aspx.

“Morton Salt Co. v. GS Suppiger Co., 314 U.S. 488, 62 S. Ct. 402, 86 L. Ed. 363, 1942 U.S. LEXIS 1242 – CourtListener.Com.” CourtListener, www.courtlistener.com/opinion/103577/morton-salt-co-v-gs-suppiger-co/.