An inventor has as exclusive right to use their own invention. Patent law is the area of the law that protects that right. If you have spent time, effort, and money to create a one-of-a-kind product, you need to ensure you have a patent in place to protect your invention.
Patent law is part of intellectual property law and is protected under U.S. federal law. Patent law is the area of law that deals with an inventor’s exclusive right to use their own invention. Patent law protections aim to encourage the creation of new products and inventions through granting creators the legal right to use and profit from the inventions they create.
United States patent law is a part of U.S. federal law that comes directly from the United States Constitution as well as from federal laws passed early in United States history.
Patent Infringement and Enforcement
If a patent holder has reason to believe someone has infringed on their rights, he or she has multiple avenues to pursue enforcement through patent litigation. The first step is to contact a patent law attorney.
Patent litigation is the law process in which one party sues another over the unlawful use of a patent. A patent holder is able to sue a company or individual in federal district court for monetary damages as well as an injunction against the infringement. The patent holder must take legal action within six years of the infringing date.
Protecting Your Patent
Patent litigation protects your patents from infringement or violation. Even if you own a patent, that does not mean you’re protected from infringement. With patent litigation, you can take another party to court if you believe they’ve used your patent without licensing or approval.
When pursuing patent litigation, the court can issue several types of penalties, including:
- Actual damages
- This includes any lost profits due to infringement
- Royalties for unauthorized use
- These royalties are based on the time left on the patent, product type, and any other royalties agreements.
- Court filing fees
- Litigation expenses
- Attorney’s fees
- Exclusion order brought about by the International Trade Commission (ITC)
- Negotiated Settlement
- It’s always advised that a patent owner works with a law firm that can negotiate a settlement on the owner’s behalf. Rather than the courts deciding the penalty, attorneys decide on the amount owed. Negotiated settlements are the most popular result of patent litigation due to the fact that they often require less time spent in court.
- Mediation (Arbitration)
- Mediation or intervention can be an easier way to settle a dispute. This usually avoids trials and leads to a settlement.
- U.S. courts have the right to enforce arbitration clauses.
- Only appellate courts can review arbitration cases. However, private organizations often do this the same way.
Unenforceable Patent Claims
Patent claims can be declared unenforceable due to:
- Fraud when obtaining the patent
- This is a breach of good faith by patent holders against U.S. laws.
- To prove unfair conduct, it must be proven that the patent holder left out information in its claim to deceive the USPTO.
- The patent holder is able use an explanation of the claim to protect against this unfair conduct.
- Information given in a supplemental examination of the claim is deemed not valid.
- Misuse of a patent
- This includes antitrust and anti-competition violations.
- Arrangements that tie the licensing of a patent to an unrelated product.
- Licenses that require post-expiration royalties and improper packaging.
- Unreasonable delay in a lawsuit against the infringing party (laches and equitable estoppel).
- This occurs when the patent holder misleads the infringer via statements, action, silence, or inaction.
Having prepared, filed, and prosecuted patent applications (domestic and foreign), our firm is highly respected for its knowledge and patent prosecution.
Our attorneys have experience in all areas of design patents, including:
- Patent Search
- Intellectual Property Patents
- Computer Patents
- Gaming Devices
- Mechanical Device Patents
- Medical Device Patents
- Patent Portfolio Management
- Patent Office Actions
- International Patents
- Patent Litigation
Reilly Intellectual Property Law Firm
Reilly Intellectual Property Law Firm provides patent services to protect the inventions that change and shape our world. We handle handles patents, trademarks, copyrights and licensing legal services in Denver. Our experienced attorneys provide strategic guidance, patent counseling and prosecution, new product clearance and licensing, as well as counsel regarding patent enforcement and how to avoid possible infringement issues.
Our patent attorneys actively and aggressively represent plaintiffs and defendants in a wide variety of proceedings before courts both domestically and internationally. We provide solutions that anticipate our client’s need to protect their intellectual property so that their business thrives. We would love to work with you to develop a dynamic strategy that addresses your patent, trademark, copyright, and licensing concerns.