MightyRecruiterA federal patent is a legal monopoly and a powerful business tool, but what happens when someone else produces, uses or sells your invention? Here’s how an infringement case is likely to play out.
Overview
Securing a patent is no walk in the park. A quick glance at the U.S. Patent and Trademark Office (USPTO) home page will link you to forms, appeal procedures and pages of information about laws. All applicants must prove patentable subject matter, novelty, usefulness and non-obviousness. The USPTO operates a Patent Trial and Appeal Board (PTAB), but it’s not a justice enforcement agency. Any owner who is dealing with potential infringement should get a patent lawyer involved right from start.
Your Rights as a Patent Owner
The federal government grants patent owners the right to exclude. This is the cause-in-fact principle in law. In other words, no other person or entity can use, produce or sell your invention without your permission. U.S. property law also prevents another person from initiating an argument about who actually came up with the idea. If someone tries to infringe upon your ownership, you have the right to bring action against the offender in court. Keep in mind, however, that every patent follows a cycle:
- Pre-application: You have no legal right to your invention until you complete your patent application. You may be able to secure partial protection under trade secret laws, but you must be able to prove that you made a reasonable effort to keep your idea confidential.
- In review: You can use the “patent pending” designation after you submit your file. Although this carries no legal significance, it does send out a word of caution to other companies.
- Approval: Once your patent has been granted, you assume all applicable rights and privileges.
- Expiration: Unlike trademarks, most patents last for 20 years. The countdown begins on your filing date. A patent can also expire early if you fail to pay the regular maintenance fees, in which case your rights may be sold to the public. During this time, you can still file suit for any prior infringement.
Types of Infringement
The USTPO assigns a series of defining claims to each patent. Literal Infringement occurs when someone else copies your invention exactly or incorporates all of your claims into a previous patent. In the Larmami Corp v. Amron case, the device in question was a toy water gun with a built-in reservoir. The court ruled in favor of the defendant. The accused device featured an external water reservoir, while the original patent claim listed the toy as having a chamber “therein.” Amron failed to prove that every element was the same.
The other type of infringement is known as Doctrine of Equivalents. You can still claim infringement if the invention in question performs the same function in the same way and for the same result. However, you cannot protect any patent claim that the USTPO discarded during your initial application process.
The Legal Process
Unlike land, buildings and other property, patents usually involve complicated science. Therefore, a legal battle can be just as complex. An offender will likely assume one of three claims:
- The accusation is unwarranted.
- The patent owner revealed the idea before applying for legal protection.
- The patent is invalid.
Number three is by far the most common defense platform. As the owner, you have the burden of proof. Most infringers take an offensive approach, and they will dig deep into every patent requirement. If the court finds a flaw in your initial application, you could lose your patent entirely. Royalty settlements are not uncommon.
Be sure to secure legal assistance as soon as you suspect a violation. Your attorney will be able to accurately assess the situation and forecast the most likely outcome.
Legal Disclaimer
The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.