Search Our Blog

What To Do When Someone Infringes On Your Patent

By  of Shustak Reynolds & Partners, P.C. posted on Monday, September 8, 2014.

Patents serve a crucial role in our economy, granting inventors the exclusive use of whatever innovations they have patented. Patents are designed to reward the discovery of useful products and ideas so as to encourage and reward creativity. When someone infringes on your patent, that is a very serious matter with potentially major financial and legal consequences.

Your Responsibility

There is no agency that serves as a “patent police,” which means that the monitoring and protection of your patent rights are something you will have to take responsibility for. Your primary goal is to get the infringer to stop and then pay you any money you are owed. It is likely that the infringer will argue that they have not infringed on your patent, so you should put together a claim chart listing all the incidents in which you believe there have been violations. Such a list also helps you identify weaknesses in your patent that you can fix in continuing patent claims.

Seeking Damages

Merely stopping someone from infringing on your patent is not always enough. Sometimes, you will feel you deserve financial compensation as well, especially if the infringer made money by using your patent. First, you will want to determine whether the infringer has sufficient funds to pay you, as there no sense in pursuing legal action against someone who has no money to begin with. If there is compensation to be had, develop a case showing how you have been hurt by the infringement. These justifications could include lost sales, inability to sell the product at a higher price due to unfair competition, inability to grow the company due to lost sales, and loss of the product development money used to create whatever was patented.

When Co-operation Doesn’t Work

On some occasions, especially if the patent infringement is minor, it may be possible to resolve the issues without having to involve the courts. However, when co-operative efforts fail, it is essential that you immediately take action with the help of a legal professional with a background in trademark and copyright law. Patent cases can be complex and require the attention of someone who understands the details of the law. Shustak Reynolds & Partners, P.C. is one firm that is fully qualified to handle cases where patents, trademarks and property rights are at stake. With good legal representation, your patent, your business and your rights can be protected. Contact us today to learn more.

Share This Article linkedin