How to Report a Patent Infringement

A patent is technically an exclusion of everyone but the patent holder from producing a certain product or technology for a certain period of time. If you believe someone has infringed on your patent, you must take court action against the infringing party. No one else will take action on your behalf. Follow these steps to report a patent infringement.

Instructions

Difficulty: Moderately Challenging

Things You’ll Need:

• Patent attorney

1. Know that there is no "patent infringement" board within any of the world's patent offices. Patent infringement is not within their spheres of influence. Infringement is essentially a private matter that must be handled through legal channels.
2. Contact a patent attorney or litigation attorney as soon as you note what you believe to be an infringement of your patent.
3. Understand that many patent suits can cost hundreds of thousands of dollars and take 2 to 3 years to settle. If your business does not have in-house counsel that can pursue litigation for you, consider asking an attorney to take your case on contingency.
4. Work with your patent attorney to bring the lawsuit to federal district court, which is the judicial level for patent-infringement cases. You must bring a suit within 6 years of the date of infringement. You may also need to defend the validity of your patent, which means you should gather any evidence that proves your original patent application is true and correct.

Tips & Warnings

• Clearly define the parameters of your invention with precision in your patent. Patent attorneys are experienced in putting together patent applications, but you know the elemental, patentable components of your invention. Work closely with your patent attorney until you feel you have just the right coverage language in your patent application. Avoid being too narrow or too broad in your patent to properly protect your rights.
• The onus is on you to enforce your patent. Stay aware of products on the market, both those made in the country where you hold your patent and those imported into the country in which you hold your patent.
• If you decide to pursue litigation against a patent infringer, you must pay your own legal bills, which can be quite substantial. You may not recover your costs even if you prevail in the suit, so weigh the effects of a potential loss of profits against the expense of a lawsuit. In some cases, it may be more advantageous to work out a licensing or other agreement with the infringer.