What Happens When You Violate a Patent?

According to the United States Patent and Trademark Office, a patent allows its holder the right to exclude other companies or manufacturers from making, selling, using or importing the patented invention within the U.S. and its territories.

  1. Patent

    • A patent is awarded to an inventor of a unique product or industrial process for a period of 20 years within the U.S. The United States Patent & Trademark Office explains maintenance fees are paid throughout the life of a patent to maintain the patent's validity.

    Process

    • The Minerals, Metals & Materials Society website reports a patent holder's first step in proving a patent violation is to send a cease and desist letter with details of the patent to the alleged violators. Following the letter, experts are usually employed to complete a study determining if a patent has been infringed and whether the infringement is willful.

    Lawsuit

    • According to the Lawyers website, a lawsuit is often the end result of a patent violation, overseen by a federal court judge. If a patent violation is found, financial damages are usually awarded to the patent holder.

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