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Typically they have to pay the patent holder the profits from the illegal gain plus penalties. Unless they obtain a license as part of the settlement, they will have to stop producing the item.

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14y ago

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What is a pending payment?

This means the paperwork has been submitted to and received by the patent office, but the office has not given the idea a patent yet. If someone violates a pending patent that is later approved, it's the same legally as violating an established patent, under American law. Note that other countries' legal interpretation will differ.


What happens if someone does not follow the patent rules?

Depending upon which rules you mean, they could be denied a patent application, have their issued patent voided, have patented claims cancelled, be prohibited from extending their patent application to other countries, and so forth. If you refer to someone other than a patentee, failing to "follow the rules" might prevent someone from obtaining a patent on their own device, or find themselves infringing someone else's patent.


What happens if a patented invention is copied by someone else?

An issued patent gives the patent holder the right to sue an infringer (either someone who affirmatively copied the invention or even someone who innocently constructed the claimed invention without knowledge of the patent) for damages (money) and an injunction (to stop infringing activity).


What happens if someone violates a cease and desist order?

If someone violates a cease and desist order, they may face legal consequences such as fines, penalties, or even being taken to court for further action. It is important to comply with a cease and desist order to avoid these consequences.


Are patents goods?

No: "Goods" in business must be tangible materials, and the value of a patent is the right to exclude others from practicing the claims of the patent. This right is not in itself tangible, but it may be converted to a tangible asset by licensing the patent or suing anyone who violates it.


What happens when someone violates a gag order?

They are in violation of a court order and can be charged with contempt of court and be fined and/or spend time in jail depending on what type of case it is.


What happens if a juvenile violates conditions of release?

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What happens if a contract violates a law?

That contract will be withdrawn and you will probably be charged.


What happens to a patent when the owner dies?

When a patent owner dies, the patent is typically transferred to their estate or heirs. The estate or heirs can then decide to maintain or sell the patent rights.


What must happen before one can use someone else's patent?

Before using someone else's patent, one must obtain permission or a license from the patent holder.


What happens to an inventors work after they are finished with it?

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What happens if the enemy violates provisions OF LOAC?

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