How to Enforce a Patent

Although some people think the U.S. Patent and Trademark Office (PTO) plays a role in patent infringement situations, it doesn't. You, the patent owner, must assume the full burden of stopping others from infringing upon your patent - and obtaining damages from them. Here's an overview of your options.

Instructions

Difficulty: Moderate

Things You’ll Need:

• Attorney Referral Services
• Patent Software

1. Monitor all products in the field of your invention and be alert for possible areas of infringement.
2. Obtain extensive details about any infringement as it occurs. Gather photographs, service manuals and actual samples of the infringing device, as well as details of the individual or company that is infringing, if possible.
3. Demand that the infringement stop.
4. Attempt to negotiate compensation for past infringement and royalties for future activity.
5. Consider selling the patent to the infringer for a sum that considers past and future infringing activity.
6. If you are unable to come to terms with the infringer, file a lawsuit in the federal court in the district where the infringer resides or has engaged in the infringing activity. If your suit is successful, you will be awarded damages and you will also get an injunction, restricting the infringer from using your invention during the remaining term of your patent.

Tips & Warnings

• Act promptly once you suspect infringement. The statute of limitations for patent infringement is six years, meaning you cannot recover damages for infringement that occurred more than six years prior to the date you filed the suit.
• Keeping in mind the six-year statute of limitations, bringing a lawsuit against an infringer should be your last resort, because hiring a patent attorney can be very costly. The American Intellectual Property Law Association gives a median estimate of $518,000 for taking a patent infringement lawsuit all the way through trial. Because this cost generally applies to both sides, out-of-court settlements are usually reached.
• Successfully stopping infringement can be a difficult process, especially if you're up against a big company with deep pockets. This short checklist suggests a course of action, but to be successful, you'll either have to educate yourself further about patent prosecution or hire a lawyer.
• This information is not intended as a substitute for professional legal counsel. Refer to legal references and consult an attorney for up-to-date, comprehensive guidance.