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(Written by Reg staff)

legal clarification

In the US, patents can be bought and sold as an asset. This means that any company purchasing for example, an IT hardware patent is then entitled to bring legal action against another company if it believes that patent has been infringed upon.

Patents are granted much more readily in the US than they are in the UK. This can result in a higher number of infringement claims because the terminology or wording used to describe a patent is sometimes ambiguous and prone to different interpretation.

However, many US cases of patent infringement are settled out of court to avoid high damages being awarded to the claimant by a jury. Therefore, it could be in a defendant’s interests to agree upon a settlement figure with the claimant outside of court.

Hope that clears any queries up.

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