Prior Artist Declaration (Accused Infringer) Re:Patents
About this template
The Prior Artist Declaration (Accused Infringer) Re:Patents is a legal template that is typically used in intellectual property disputes, specifically patent infringement cases. This template serves as a formal written statement issued by an accused infringer, commonly known as the "Prior Artist," who is facing allegations of patent infringement.
The purpose of this declaration is to outline the accused infringer's defense strategy by presenting evidence that proves their prior creation or contribution to the technology or invention in question. The accused infringer acknowledges the existence of the patent in question but asserts that they had independently developed the technology or invention before the patent was granted.
This declaration aims to establish the accused infringer's prior art defense, which asserts that the patented invention was not novel or non-obvious at the time of its application because the accused infringer had already conceived of or developed a similar technology. The accused infringer must provide detailed documentation, including drawings, specifications, research papers, prototypes, or any other evidence proving their prior creation.
By submitting this Prior Artist Declaration, the accused infringer intends to demonstrate that their invention qualifies as prior art, rendering the patent invalid or unenforceable. This legal strategy can help the accused infringer avoid potential liability, damages, or an injunction resulting from the alleged patent infringement, providing them with a robust defense against the patent owner's claims.
It is important to note that this template should not be interpreted as legal advice. Each case and jurisdiction may have specific requirements and guidelines that need to be followed, and it is advisable to consult with an experienced intellectual property attorney when using this legal template in a real-world situation.