Patent Infringement
Contents
What is patent infringement?
A patent gives the owner "the right to exclude others from making, using, offering for sale, or selling the invention." A patent is infringed when there is an unauthorized making, using, offering for sale or selling any patented invention within the United States or U.S. territories or importing into the United States of any patented invention during the term of the patent.
What should I do if I believe that my patent has been infringed?
The first course of action is demand that the infringer "cease and desist" infringing the patent. Consult an attorney to review or draft the cease and desist letter.
A second course of action, either following a refusal to comply with your cease and desist demand or as an alternative to a cease and desist demand, is to seek relief by filing an infringement suit in federal court.
TIP: Once you decide to pursue litigation, you should hire an attorney experienced in patent litigation.
What relief is available from the court?
If the court determines that the patent has been infringed, the court may grant an injunction enjoining the infringer from continuing to infringe the patent. The court may also award damages caused by the infringement.
Is there any danger in filing an infringement suit?
Yes. The main danger is that the infringer may raise as a defense the validity of the patent.