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Protecting Your Patent

  • Apr 23 2019

How can I enforce my patent?

Receiving a patent is a momentous occasion.  Your patent represents the culmination of your innovation, diligence, and hard work.  You likely spent several months and significant funds on filing for and receiving your patent, and the value of your patent could be tremendous depending on the profitability of the idea.  With your patent in hand, your most important job is now protecting that patent. While the U.S. Patent and Trademark Office (PTO) has afforded your invention legal protection, it will not guard your patent against infringers.  Our Long Island, New York patent attorneys discuss some steps you can take to police your patent below.

The Costs of Intellectual Property Theft

Intellectual property theft, which can occur due to counterfeiting, infringement, piracy, and other acts that involve the taking of another’s protected ideas, is believed to cost U.S. businesses $250 billion per year, according to the PTO.  Intellectual property theft also costs businesses some 750,000 jobs annually.  With so much at stake, it is important that patent owners take steps to prevent patent infringement.

Preventing Patent Infringement

You and your business team understand your intellectual property best.  As such, you are in the best position to identify any product or service that might be infringing on your patent.  As a patent holder, you will need to stay abreast of the latest products and announcements in your field. Review press releases and attend trade shows.  Look at the latest patent filings.

What To Do If You Suspect Infringement

Should you suspect your patent is being infringed upon, you will first want to consult with a patent attorney.  Your attorney will review the situation and determine whether you have grounds to pursue legal action. Should your attorney believe infringement has occurred, he or she could assist you in sending a cease and desist letter to the infringer.  At times, this could be all that is necessary to stop the infringement from continuing.

If the infringement continues, then it will likely be time to pursue court action against the infringer.  You will likely need to file suit in federal court. Your lawsuit can seek an end to the infringement, along with damages due to loss of businesses and the negative impact to your market.  By monitoring the status of your patent, you can take swift action against any uncovered infringers.

Nicholas Groombridge et al., Patent enforcement through the courts in the USA, Lexology.com,https://www.lexology.com/library/detail.aspx?g=160a6b50-6b63-44b4-8b24-952f3b761ec8.

Posted in: Patents