How to deal with patent infringement [Guide]

Last updated : Sept 27, 2022

What is the most common remedy for patent infringement?

An injunction to stop a defendant from infringing a patent is the most common form of relief sought and granted in patent infringement proceedings. An injunction is an equitable remedy and it is therefore at the discretion of the court to grant.

What happens if you get sued for patent infringement?

Lawsuits are expensive. If you infringe on a patent, you are usually liable for your attorney fees, the patent owner's attorney fees, court costs, damages, and royalties. Your time is precious. Your lawyers will do most of the work, but you still have to meet with your lawyers and appear in court.

What are the two defenses against patent infringement?

The common defenses to patent infringement include: Non-infringement: Your product or process is not the same as the one protected by the patent in question. Invalidity: The patent in question is invalid as obvious or anticipated by prior art.

What is the punishment for patent infringement?

Patent infringement is not a crime, so there are no criminal penalties.

Can you sue for patent infringement?

The U.S. Patent and Trademark Office administers and issues patent applications. However, if you wish to sue a person or business for infringing on your patent—that is, for using it without permission—you must file a lawsuit in federal court.

How far back can patent damages go?

The Patent Act generally allows a patent owner to collect damages for infringement occurring as much as six years before a suit was filed.

How long do patent infringement cases take?

Patent litigation cases take one to three years to get to trial. 95% to 97% of patent infringement lawsuits are settled out of court.

How much does it cost to defend a patent?

Patent Litigation Statistics in General Patent litigation costs between $2.3 million and $4 million on average. It takes one to three years for a patent case to reach trial. Patent infringement lawsuits are settled in 95 percent to 97 percent of cases.

How do you prove patent infringement?

A patent owner can file a civil lawsuit to recover damages for past infringement and obtain injunctions against further infringing activities. Proving patent infringement in court requires a plaintiff to prove two broad elements: ownership and validity of the patent, and infringement of the patent by the defendant.

What makes a patent unenforceable?

If one can prove that the invention was known or used by others in the U.S. or patented or described in a publication in any country before the invention thereof by the applicant, the patent is invalid. In order to obtain a patent, the invention must be useful, novel and unobvious.

What are the different types of patent infringement?

• Direct Infringement: As any patent lawyer will tell you, this is the most obvious form of unauthorized use.
• Indirect Infringement: There are actually two types of indirect infringement.
• Willful and Literal Infringement: Willful infringement involves the concept of intention.

What is an unenforceable patent?

Inequitable Conduct: Even if the patent is valid, it may be unenforceable if the patent owner was fraudulent in getting the patent. For example, if the patent owner intentionally misled the USPTO regarding some material information, the patent would not be enforceable.

Is patent infringement a criminal Offence?

“All IP infringements are not crimes but all IP crimes are infringements.” In India, Intellectual Property is governed under the Patents Act, 1970; Trade Marks Act, 1999; Copyright Act 1957; Designs Act 2001.

What is an example of patent infringement?

Making, using, selling, trying to sell, or importing something without obtaining a license from the patent holder is considered direct patent infringement.

Can someone steal my idea if I have a patent pending?

What Is Patent Pending Infringement? As soon as you file a patent application with the U.S. Patent and Trademark Office (USPTO), your invention is "Patent Pending." Once your application is submitted, nobody can steal, sell, or use your invention without your permission.

Why are patents so expensive?

Because patents are valuable to have and expensive to infringe there will always be those who seek to get around your rights. The job of the patent attorney is to make sure that doesn't happen to the greatest extent possible. That requires a lot of time and energy, which translates into money.

Can I file a provisional patent myself?

Not having to write a claim means that many provisional patent applications don't need an attorney, so inventors can complete their own application. This saves on costs since you don't have to pay legal fees, just the filing fee that ranges from $75 to $300 per application.

How much does it cost to protect intellectual property?

Expect to pay anywhere between $3000 and $5000 on average plus the USPTO fees to an attorney to prepare a new patent application. The costs for the patent depends on the type of patent you apply for.

What happens if someone uses your patent?

If someone uses your invention without your permission, you are entitled to stop their use of the invention by seeking a legal injunction in Federal court. In addition, you are entitled to collect damages for any unlicensed use of your invention.

What makes a weak patent?

A weaker patent often has a set of claims that is minutely specific, detailed and long-winded. Since claims are the backbone of a patent, an informed inventor is well-served with the knowledge of what an enforceable patent looks like compared to a weaker one.

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How do you imprinted can't have you

Thanks for your comment Curtis Bendall, have a nice day.
- Erick Kercheval, Staff Member

good afternoon everyone my name is Larry kolodny and along with my partner Adam Kessel we will be presenting today's webinar patent litigation for the non specialist how it works and what to expect both Adam and I practice primarily in the area of patent litigation and counseling with over four decades of combined experience between us our goal today is to provide a basic introduction to this field of law both for attorneys who do not practice in this area as well as for non attorneys such as business decision makers individual inventors or the merely curious we hope that by the end of today's presentation you will have a better understanding of the basic terminology of patent law and the basic mechanics of how patent litigation works the first housekeeping note we hope that you and your families are healthy and safe due to the large number of people who are currently working remotely we are experiencing some challenges with bandwidth please keep your logins handy and if you lose your connection please log back in we are we are experienced any technical issues @rm you may experience a blank screen for 30 to 40 seconds but the program should commence again shortly we ask for your patience if you experience any difficulties with your computer audio please disconnect and relog in using your phone being sure to enter the access code and audio pin our biographies the presentation and the New York New Jersey CLE forum are available for download on your control panel please note that you must be logged into the webinar on your device in order to receive CLE credit you will not receive credit for listening to only the audio portion today's webinar will run for 1 hour and includes a question-and-answer period at the end of the program you may ask questions at any time through the program in the Q&A area of your control panel and we'll do our best to answer all of them at the end of the presentation time permitting please also feel free to contact us personally after the webinar before we get started I should remind you that the content of this presentation for educational purposes only does not necessarily reflect the opinions of fish in Richardson is also not intended to address every court or case situation I will also mention that in addition to those webinar fish is put together a nice pamphlet entitled patent litigation in federal court that goes into a little more detail and some of the topics we'll be addressing today if you are interested in receiving a complimentary copy you can download it directly from the webinar control panel under the handout section or you missed doing that you can send an email to a door myself and we'll be happy to send you a copy with that introduction let us begin with the program next slide please so I'm gonna start out the program presenting some basic concepts in patent law what a patent is what constitutes patent infringement and the remedies that a patent owner has what other people are infringing the patent Adam will then address the lifecycle of a patent case the mechanics of patent litigation how infringement suit is initiated the various steps in a patent case from start to finish and finally Adam and I will both share some tips and tricks that we've learned over the years in sites we've gained from practicing patent law how cases are wandering loss and traps the unwary you may or may not get to all of these given the time constraints but we'd be happy to follow up individually with anyone who has an interest in a particular topic once you've had a chance to review the slides after the presentation we're also going to briefly address some specific changes that we've seen in in the profession as its had to adapt its practices to the restrictions of the kovat 19 era next slide please so first the most basic question what is the United States patent the US patent is a legal instrument issued by the US government and it gives the owner certain right notably one of the rights it does not give the owner is the right to actually make and use the invention that's in the pack it's a common misconception really what the right but the patent give the owner the right to do is sue other people and particularly sue people who are using the invention without the owner's permission we call that practicing and invention and there are a number of ways that you can practice an invention thereby be infringing patent owners patent that includes making using selling offering for sale or importing the invention into the United States and an invention is a rather broad concept though most people when they think of an inventor or an invention they think of a a mechanical contraption or maybe these days a you know an iPhone or or a new drug but one of the other things that an invention can be is a method of doing things and that can be method of making a chemical product a method of running a website or a method of operating a phone for example so there's a lot of inventions that you can hold in your hand but nonetheless they qualify for protection under the Patent Act patents have a limited geographic scope specifically US patents only cover activities that are take that take place on u.s. territory or that are directed at u.s. territory other countries have their own patent systems and most people who expect there to be infringement or potential infringement throughout the world will often do other patent get patents and other countries in parallel with their US patent the European Union has a patent office that covers most of the countries in Europe called European Patent Office and then and China and Korea are some of the other and and now in the UK or some of the other popular venues for getting non-us past the term of a patent is 20 years and that has to be qualified because the 20 year deadline or the 20 year expiration is counted from the earliest filing date of the application to the pad not from on the patent issues so it's possible that you file an application and it's stayed in the Patent Office for quite a number of years and by the time you patent issues you may only have say 10 years left on the 20 year term depending on the circumstances finally a patent is owned initially by law by the inventors of the invention but in most cases a patent is owned by the inventors employer who has a contractual right to receive ownership of any inventions the employer gets and that's also true with graduate students and university is the the ownership usually goes to the University what is an invention well invention is something that has three characteristics it has to be useful it has to be novel it has to be non-obvious a useful invention is basically anything that does something valuable for human beings a pretty low bar the more difficult test to meet some have an invention are the novelty and the not obviousness test invention is novel if simply no one did what you're claiming as your invention prior to your own invention of the of the subject matter or these days prior to your filing a patent application with Patent Office non-obviousness is a sort of number around novelty and it basically requires that even if

Thanks Eartha your participation is very much appreciated
- Erick Kercheval

About the author

Erick Kercheval

I've studied malacology at Edinboro University of Pennsylvania in Edinboro and I am an expert in neutrino astronomy. I usually feel alone. My previous job was die cutter operator I held this position for 25 years, I love talking about jujitsu and pottery. Huge fan of Nas I practice floor exercises and collect sports cards.