Patent Infringement

How to Stop Patent Infringement

Patent Infringement refers to someone who uses, makes or sells your patented invention without permission. Typically, a patent gives the patent owner the right to obtain a license from anyone who makes, uses or sells the invention, for example your tool, machine or process. To stop someone, the inventor may send a cease and desist letter telling them to stop or the inventor may file a lawsuit to stop them from using the invention without permission, legally referred to as infringing the patent.

The inventor has the right to stop others based upon the patent. This right to stop patent infringement, includes the right to stop them from making, using, selling or importing anything covered by the patent, This right to stop others is a reward for filing the patent application which helps advances society by disclosing to others not only how to make and use the invention but also the best way to do so.

The U.S. patent laws balance the private inventors rights against promotion of society by encouraging inventors to disclose new ideas about their invention to the public. This is done in a patent application, typically prepared by a patent attorney. In exchange for disclosing the new idea, the United States Patent Office can award a patent to an inventor based upon the invention described in the patent application.  

The patent is a legal right of the inventor to exclude others from making, using, selling, offering to sell, or importing the patented invention within the U.S.. The right to sue for patent infringement is just an example of the inventor enforcing the patent. Stated differently, patent infringement is use of the invention by the non-inventor and the inventor who has a patent can stop them. In addition to the ability to stop patent infringement, the inventor can sue for money.

Patent law which allows the inventor to stop the patent infringement, also allows the inventor to demand compensation from the infringer. Specifically, patent law allows the inventor to collect money from the infringer based on a reasonable royalty which the inventor would have charged the infringer for using the invention along with interest and costs. This means, that even if the infringer didn’t want to pay a royalty, the court may order them to not only pay a reasonable royalty, but also interest and the costs associated with having to bring the suit. If you have an invention and would like to determine if it has been infringed or if you would like to discuss potential damages from a patent lawsuit please contact us to schedule a meeting with one of our patent attorneys.