Before introducing patent insurance, let us
first understand what a patent is- it is an exclusive right granted by the
government to make, use or sell the patented products. In other words, no one
other than the patent-holder can manufacture or market the patented products.
Going by the definition, one might think a patent itself provides some sort of
insurance but what then, is a patent insurance? Patent insurance is a
protection against infringement of patents and the costs associated with it.
In these days of internet business and
e-commerce, companies come up with new ideas, processes and applications. It is
important to patent them and ensure that the copyright of these ideas are not infringed
and at the same time make sure that one has not copied the ideas of others. If
such situations arise then patent insurance can come to the rescue.
Patent insurance is of two types:
·
Patent liability insurance
·
Patent pursuance insurance
Patent Liability Insurance is a defensive
instrument, which helps the insured fight an infringement lawsuit filed by a
rival company. Another term for it is
‘patent infringement defense insurance’ where the insurance company bears a
part of the legal expenses incurred and/or the damages to be paid.
Patent Pursuance Insurance, is an offensive
instrument which helps the insured fight against a patent infringing company.
The other terms for this are ‘patent enforcement insurance’ or ‘offensive
patent insurance’, in this case the insurer pays a part of the legal expenses
incurred by the insured company. In simpler terms defensive
policies covers a company if it is sued for violating a patent and offensive
policies help a company to pay for legal expenses and other costs if it sues
another party for violating a patent.
Another advantage of patent insurance
products are a company can prevent a larger and financially strong company from
infringing on its patents or will be in a position to sue a smaller, emerging
company by being armed with a stronger litigation position.
Defensive patent insurance policies also help
companies reduce the pressure to settle litigations owing to rising legal
expenses in relation to lengthy patent litigations. On the other hand offensive
patent litigations may attract investors to the company owing to the insured
patents it has.
Getting a patent insurance can be a strategic move
to avoid losses from patent infringement.
To know more about getting the right insurance
policy based on your needs and an
unbiased opinion on the best options please visit www.zeninsure.com or call us
on +91 9848884363