The purpose of obtaining a patent in the first place is so you can prevent others from stealing your patent or profiting off of it. Therefore, if you discover evidence that your patent is being infringed, a patent lawyer will help you know what your rights are.
The Patent Filing Process
Filing for a patent is a very long process. Even if you have not finished the process of obtaining a patent, you might still have some rights because your patent is "patent-pending." You will still be able to take legal action at this stage.
The USPTO issues a patent. However, your patent will not be automatically enforced if your parent is violated. You will need to file a lawsuit and a court will then have to rule on it.
When Your Patent Can Be Protected
One of the primary goals of filing a lawsuit after your patent has been violated is to prove that the defendant did not have permission to use your patent. Under the one-year rule, you must have filed a patent application within one year of using the invention, selling it, or describing the invention in a publication.
If the other party does not have a patent and hasn't even filed an application for a patent, they will have violated your patent if you did not give permission to use it.
Your attorney will help you draft a cease-and-desist letter. You will want your patent litigation attorney to assist you in writing this letter so that it can be effective and enforceable. Your idea has been uploaded to a website without your permission, you might be able to issue a takedown order.
When a Lawsuit is Necessary
If the initial steps are not effective, you might need to take the other party to court. For your claim to be successful, you'll want to have it written by an experienced patent attorney. For example, the claim will need to be clear, easy to understand, and will include the specifics of the patent that will support your claim.
Your invention might be very complex and it is important to make sure that it is explained in a manner that is easy for a non-technical audience to understand.
There might be more than one way that you may be able to interpret a claim. You'll want to choose the interpretation that will make your claim valid. If your case is accepted, there will be a discovery process, the trial date will be set, and your attorney will defend you in court.Share