How to Report a Patent Violation for Your Small Business

The first step for a small business owner who has discovered or invented the next great product design or machine is to apply for a patent. Enforcing the patent is just as important, though. If you have discovered someone who is using or selling your design, it's your responsibility as the patent holder to report the patent violation and pursue legal action.

Instructions

Difficulty: Moderate

Obtain a Patent for Your Small Business

1. Make sure your invention is "new, useful and not obvious" in order to satisfy the basic requirements for a patent.
2. Research existing patents and publicly-disclosed inventions in order to determine if your application for a patent is valid.
3. Hire a patent attorney to help with research and the patent application.
4. Apply for a patent through the United States Patent and Trademark Office. Visit the USPTO Web site to fill out all the appropriate applications, provide drawings or working models of your invention and pay the application fees (see Resources below).
5. Wait approximately 2 years for a patent application to be evaluated and granted. Your patent lasts 20 years from the time you applied.
6. Consider that the definition of the legal protection a patent provides covers your invention or discovery from others "making, using, offering for sale or selling" the invention or product in the United States.

Report a Patent Violation for Your Small Business

7. Enforce your patent diligently. While the United States Patent and Trademark Office provides the applicant with a patent, the patent holder must keep track of and report any violations of the patent.
8. Collect any and all evidence that indicates a patent violation has occurred. The evidence should also indicate whether or not the violation was direct or indirect.
9. Consult your intellectual property lawyer, who can investigate your violation claims and file any lawsuits you may be pursuing in civil court.
10. Prepare to file suit in federal civil court if a professional attorney determines your patent rights have been violated. Federal civil court is where most patent violation cases are argued.
11. Consider the amount of profits you lost as a result of the infringement on your patent. If a person is found guilty of intentionally infringing on a patent, the amount of damages can be up to 3 times the amount of lost profits.

Tips & Warnings

• U.S. patents protect you in the United States. If you would like international patent protection, contact the USPTO for more information (see Resources below).
• Don't falsely report a patent infringement. Report patent violations only after thoroughly investigating your claim to avoid counterclaims of false accusation.