What Happens When Someone Infringes on a Patent?

According to the United State Patent and Trademark Office (USPTO), a patent is infringed when an unauthorized product is manufactured, sold or offered for sale in the U.S. or a U.S. territory.

  1. Rights

    • A patent is a property right awarded to the inventor of a product, design or industrial process, giving the patent owner the sole rights to a property for a specified period of time. The USPTO reports new patents are usually granted for a period of 20 years.

    Process

    • The Minerals, Metals & Materials Society reports the initial step taken by a patent owner when patent infringement is suspected is the sending of a cease and desist letter to the suspected infringer. Following the cease and desist letter, reports are compiled comparing the patented product or design with the product suspected of infringing the patent.

    Considerations

    • The patent owner can take their claim of patent infringement to a federal court to ask for an injunction halting production of the infringing product, according to the USPTO. The patent owner can ask for financial damages to be awarded for lost earnings, while the infringer can ask the court to verify the validity of the patent.

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