How to Protect Yourself Against Patent Infringement

A patent creates the right to deny others the ability to reproduce your idea or invention. An infringement on that patent means that someone has gone ahead and done so. The remedy for patent infringement is a civil lawsuit. You cannot entirely protect yourself against patent infringement, but if you craft your initial patent application carefully and aggressively pursue patent infringers, you can reduce the potential that someone will infringe your patent later. Follow these steps to protect your patent.

Difficulty: Challenging

Instructions

Things You'll Need:

• Patent attorney

1. Write your patent application carefully in the first place. It's important that the patent claims (information on what the patented object or process claims to do that is useful and novel) on your patent be correct. You can pursue a patent infringer on the basis of these claims.

2. Use a patent attorney when you apply for your patent. The U.S. Patent and Trademark Office maintains a list of qualified U.S. patent attorneys who can help you draft an application that will protect your interests later on.

3. Keep your eyes on the market once your patented invention is out there. The onus is on the inventor to note possible cases of infringement. This vigilance is required for the length of your patent, which is often 20 years.

4. Have your lawyer draw up a cease and desist letter as a first measure to protect yourself against patent infringement if you note an infringing product or technology.

5. Make a deal. One way to protect yourself against infringement is to offer to make a licensing deal with businesses that want to use your invention or process.

6. File a lawsuit if necessary, using the services of a patent attorney and a litigation attorney. Most people settle patent infringement cases out of court, and filing a lawsuit may induce an infringer to stop using your patent.

Tips & Warnings

• Unfortunately, no governing body oversees patent infringement issues before they might happen. The U.S. Patent and Trademark Office approves and issues patents, but it does not monitor the markets for infringement, nor does it deal with litigation.
• Patent insurance is available to inventors, but it's often prohibitively expensive and, as with most insurance, does not cover every contingency.

Resources

• Check with the U.S. Patent and Trademark Office to learn more about how to protect yourself against patent infringement

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[Bycin]

on 3/29/2009 Can any attorney be used in an infringment case,does he or she have to be a patent lawyer to defend or appeal in a case?