How to Prosecute a Patent Infringement Case
Due to the complexity of patent laws, proving that an individual or company has stolen your idea or invention can be challenging. However, if you take appropriate steps to prepare a case against that person or firm, you may increase the chances of not only successfully prosecuting such a case, but also of recovering a significant amount in damages against the violator. On the other hand, if you fail to present a strong case, not only do you decrease the likelihood of collecting damages, but also of receiving credit for your idea or invention.
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Things You'll Need
- Copy of patent
- Defendant's version of your patented item
- Patent marks
- Attorney
Instructions
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1
Secure a copy of the patent of your invention that you filed with the U.S. Patent and Trademark Office. Go to the U.S. Patent Office website and print a copy for your records. File it away in a folder that you will mark "Patent Information."
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2
Obtain your potential defendant's version of the item at the center of the dispute. Observe carefully how it works, and what tasks it accomplishes. Compare your defendant's version of your idea to your own.
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Take meticulous, detailed notes as you are observing and comparing. Document all facts concerning how your product works versus how your competitor's invention functions. Highlight everything in your notes that you perceive to be illegal similarities by the use of a yellow marker.
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4
Mark your product by placing a "patent" or "pat." label on it. This will make it difficult for the infringer of your patent to plead ignorance.
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5
Acquire the money needed for an attorney. According to the author of patentlawsuitfunding.com, having your funding already lined up convinces the defendants that you as the plaintiff are "headstrong, confident, determined, prepared to go to trial, and most importantly, will not run out of money."
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Hire an attorney who specializes in patent law. Examine his résumé. Ask him how many patent infringement cases he has won.
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Ask your lawyer for a written fee schedule. Inquire about how much it will cost to try your case if you win, as well as if you are not victorious. Request a step-by-step analysis of all his fees, and what they will include.
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