Navigating the World of Patent Law Litigation for Software Inventors

If you’re a software inventor or business, it’s important to understand patent law litigation. Here’s a rundown to help you.

Imagine the complications that can arise if someone compromises your intellectual property. Even a single incident could cause major issues for your business. Your company might even become one of the 20% of small businesses that fail within a year.

This is especially true in the tech industry, as it’s one of the most competitive spaces. Software business owners and software inventors should have a strong understanding of patent law litigation. This will help them take action if contingencies arise.

We’ve created a brief guide with key information on how to handle incidents like these. Let’s explore the key information you should know when moving forward.

How Does Software IP Infringement Occur?

Infringement most often occurs when another individual or company modifies or distributes your software without your permission. For example, they could purchase a license to use your software for modifying it. They then release this modified version under their brand and charge customers for it.

Piracy is another form of IP infringement. In context, this could involve an anonymous user online hosting a torrent download that allows other users to access premium software for free. As you might expect, this can lead to major financial issues for the developer.

Recognizing IP Infringement

One of the most prominent ways you can recognize potential IP infringement is by looking for products similar to yours. If you find software on the market that is nearly identical, for example, infringement may have occurred.

Key details to consider are the software’s functionality, design, and code. You could also notice an inexplicable drop in sales.

This most often occurs due to consumers purchasing the fraudulent software over yours. In some situations, you could receive negative feedback over software you didn’t produce.

Confusion can sometimes happen over similar products. There’s a chance the software in this case could infringe upon your intellectual property rights.

Reasons for Litigation

There’s no shortage of reasons why someone would choose to litigate for copyright infringement. Understanding these will help you know when it’s time to take action. Listed below are some of the most notable.

Trademark/Copyright Infringement

It should come as no surprise that this is one of the most common reasons for litigation. If someone uses your ideas for their gain, it could harm your company’s performance. As previously mentioned, this could result in identical or highly similar software being introduced to the market.

Trademarks can be devices, symbols, words, or names. In context, another party could use an identical name or logo to market their product. If you previously filed a trademark, this would be trademark infringement.

Licensing Agreement Disputes

Licensing agreements can be convoluted and difficult to interpret. This may lead to someone infringing on the agreement’s terms. Scenarios like these are especially common regarding software.

For instance, your agreement might dictate someone can only use your product for non-commercial purposes. A licensee may have found a way to indirectly use the software to generate income.

At first glance, it can be difficult to determine if they infringed upon the agreement’s terms. In situations like these, you’ll need an attorney to figure out your course of action.

Trade Secret Abuse

Trade secrets are custom strategies and methods for software development. This could involve proprietary code or techniques that a business invented.

Customer lists are another trade secret that people often abuse. When trade secrets get leaked, it creates an adverse situation for the IP owner.

Their industry competitors can use this information to improve their products. In some cases, it could cause a once-dominant industry player to lose their edge. Trade secrets are sometimes leaked by disgruntled employees.

Hackers also aim to procure them. The cybercrime industry is projected to cost the world over $10 trillion annually by the end of 2025.

A large portion of this value will stem from the trade secrets that hackers steal from businesses. If you suspect you’ve been a victim of this incident, contact a lawyer as soon as possible.

Finding a Patent Attorney

It’s essential to work with the right attorney to have the best chance of resolving the issue in your favor. Not all lawyers are created equal, and you’ll need to do your due diligence when making your decision.

See what other people online have to say about what it was like working with the lawyer. Did they feel comfortable communicating with them? Were there issues with their software patent the attorney couldn’t help them overcome?

The answers to questions like these will help you narrow down your decision. Pay attention to how they respond to criticism, as well. Firms that get aggressive or defensive toward negative feedback are ones you should avoid at all costs.

Look for negative reviews during your search coming as well. These are often posted in large batches and contain identical keywords. Don’t ignore their pricing structure when making your decision.

Some lawyers charge flat rates, while others bill their clients hourly. The last thing you want is to encounter financial surprises. Make sure the attorney works with people like you.

For example, software developers should find lawyers who handle similar clients. This will help ensure they understand your case’s nuances. Will they work on your case themselves or will they delegate it?

There’s nothing inherently wrong with case delegation. However, it could result in you working with a lawyer you haven’t vetted.

Always ensure you understand who will handle your case. As long as you do your due diligence, it shouldn’t be difficult to find the right attorney for your situation.

Don’t Neglect Patent Law Litigation

There may come a time when you’ll need to leverage patent law litigation to take action against an infringing party. The information in this guide will help ensure you navigate the process appropriately and get the results you deserve. Just be sure you find the right attorney.

Berkeley Law and Technology Group prides itself on having a deep knowledge of intellectual property law. Our agents and attorneys are fully committed to providing outstanding results.

We’ve worked with major corporations like Intel, AT&T, and Microsoft. You can learn more about what we’re capable of when you get in touch with us today.