Patent Infringement Attorneys

Patents are official documents that impart ownership of an idea or invention to its creator. Patent infringement occurs when one party encroaches on the idea or invention of another party. It is similar to trespassing; however, instead of physical boundaries, the boundaries are intellectual and the punishments more severe.

If you have been the victim of patent infringement, you deserve justice for the wrong you have suffered. For more information on seeking compensation, contact the Austin patent infringement lawyers of the Burk Law Firm, P.C. today by calling 512-306-9828.

What Constitutes Infringement?

According to 35 United States Code 271, infringement is defined as “whoever without authority makes, uses, or sells any patented invention, within the United States during the term of the patent therefor, infringes the patent.” For a person to be convicted of patent infringement, courts will review the following:

  • All relevant patent documents
  • Claims, which must be compatible with the accused device or process

A person may be charged with direct, indirect, or contributory negligence, depending on their role in the case.


Oftentimes, patent infringement can occur due to unclear or ambiguous language used in the patent itself. Additionally, a person may be guilty of patent infringement without being aware of his or her violation. However, it is important to note that courts do not recognize intentions or ignorance as acceptable defenses.

In order to ensure the protection of one’s intellectual property, a patent seeker should play an active role in the creation of his or her patent. For example, it is imperative that the patent office examiner and the patent attorney have a clear understanding of the ideas, inventions, or processes for which you are obtaining a patent. Misunderstandings can make one vulnerable to patent infringement.


If found liable, the infringing defendant may be required to fulfill a number of requirements, including:

  • Injunctive relief
  • Payment of damages (including treble damages for willful infringement),
  • Payment of attorneys’ fees in some cases, and
  • Payment of court costs

Contact Us

To learn more about how to create a patent, or protect yourself from infringement, contact the patent infringement attorneys at the Burk Law Firm, P.C. by calling 512-306-9828 today.

Commercial Litigation Lawyers

For Companies and Individuals

Austin - State of Texas - Nationwide

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Contact the Burk Law Firm, P.C.:
Phone: (512) 306-9828
Toll free: (888) 476-9140
Fax: (512) 306-9825
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