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What Is Patent Litigation?

To patent an invention is to authorize the patent holder sole and exclusive rights to the object that is patented. Usually this is done to prohibit any unauthorized use of an invention for commercial purposes wherein the original inventor or patent holder derives no benefits or has no claim. Most patent cases are done in order to limit or control the use of an object. Patent litigation involves the application of patent law to cases involving patent infringement.

When a patent or a right to a work is expressed, it is usually done in order to express ownership against a claim of ownership by another. Thus, patent litigation addresses issues in order for the rightful owner to exercise his or her patent rights over what was patented.

In order to address an infringement claim, the owner of the intellectual property may directly confront the individual who has been committing such offenses. The owner may request that the individual guilty of plagiarism or some other form of intellectual property theft halt any present and future actions that involve the use of such idea, art, music, etc. It is possible that through direct confrontation, a compromise may be reached between all the parties involved.

However, not all infringement claims resolve in a compromise. When the unauthorized use of the intellectual property continues, the infringement claim may be brought to court. The party claiming infringement is referred to as the plaintiff and files a suit against the party who has committed the infringement, called the defendant, in order to seek compensation or damages.


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