The two main types of damages awarded in patent infringement actions are reasonable royalties and lost profits. However, the Patent Act does not limit damages to certain types, and a judge may award other types of damages that are appropriate depending on the facts of the case. It is important to remember that all countries set a statute of limitations on how long you can wait before filing a claim once you become aware of a violation. To win, plaintiffs must not only prove that their patent was infringed but also overcome any defense that the alleged infringer might have.
This can be difficult as there must be a causal link between the violation and its final results. When it comes to patent infringement, two main types of damages are typically awarded: reasonable royalties and lost profits. Reasonable royalties are calculated to reflect the amount that the patent owner would have received from the defendant in royalties if they had negotiated a license at the time the infringement began. Lost profits compensate the patent owner for money they would have earned if the infringement hadn't occurred.
In addition to these two main categories of damages, courts may also award other types of damages depending on the facts of the case. Negative economic consequences, including loss of benefits suffered by the injured party, any unfair benefits obtained by the offender and, in appropriate cases, elements other than economic factors such as moral harm caused to the right holder by the violation may be taken into consideration. In some cases, laws such as the Patent Act allow plaintiffs to recover damages that are not normally available in tort actions (i.e., triple compensation). If you want to patent an idea, you must first research it to make sure it doesn't infringe someone else's patent.
If you believe your patent has been infringed upon, you can file infringement cases in any country where you have legal rights over an infringed invention. In this case, it is recommended that you hire a patent lawyer in your area who can represent your interests in court so that you can recover the full amount of damages available to you. In conclusion, when it comes to patent infringement, two main types of damages are typically awarded: reasonable royalties and lost profits. However, courts may also award other types of damages depending on the facts of the case.
