Infringing someone else’s patent may be a crime that can lead to prosecution. As a patent holder, you can institute proceedings against someone who you believe is infringing your patent and, in a civil lawsuit, demand that the infringement stops. The Patents Act contains rules about liability in the event of infringement.
Infringement of a patent is the unauthorized making, using, importing, offering for sale or selling any patented invention within the United States. An individual may be an infringer if he “actively induces infringement of a patent.” In addition, an individual who sells a product knowing it is especially made or adapted for use in an infringement of a patent shall be liable as a “contributory infringer.” As stated previously, the claims of a patent define the scope of coverage against infringers. The broadest valid claim is utilized to determine infringement of the patent. The accused infringing product must literally “read” on every element of the broadest valid claim in the patent.
When litigating a utility patent, the meaning of the claims are determined by the trial judge. When the meaning of a claim is contested, many courts will hold a “Markman hearing” to resolve as a matter of law, the meaning of the claims that defines the scope of the patent. This sometimes requires expert testimony, either technical, patent or both.
Where only insignificant differences exist between the elements of a claim and the infringing product, the Doctrine of Equivalents may be utilized to find infringement. The purpose of the doctrine is to catch unscrupulous copiers who make unimportant and insubstantial changes and substitutions which, though adding nothing, avoid the literal language of the claims.
Finding infringement on a design patent requires determining if an ordinary observer would be deceived by two substantially similar designs.
Defend your patent rights
If you discover that someone is infringing your patent, you should react quickly and be clear that you intend to defend your patent rights. It is possible that you and the infringer can draw up a licence agreement or agree to an amount of damages, without having to resolve the dispute in court.
Patent infringement occurs every day!
Owning a patent gives you the right to “exclude others from making, using, offering for sale, or selling” your patented invention. Patent infringement occurs in every industry and sector of the economy, and the job of fighting patent infringement falls on the shoulders of the patent holder. All the Patent Office does is issue patents. They do not pursue or investigate claims of patent infringement even when they are brought to their attention!
Patent infringement is the unauthorized use of your property!
When a person or business uses your patent, they trespass on your property – your intellectual property. They take from you the revenue your patent produces for them, and would have produced for you. Under law, you have the right to pursue a civil remedy against a perpetrator of patent infringement, but a patent infringement lawsuit is often a David-versus-Goliath struggle. The patent infringement plaintiff is often an individual or a small business, while the patent infringement defendant is a large, well-financed corporation!
While copyright infringement may constitute a criminal offense in the US, patent infringement can only be prosecuted as a civil matter. This technicality aside, patent infringement robs you of your intellectual property and its well-deserved rewards. When somebody else profits from your ingenuity, your IP rights are violated.
Unfortunately, this crime is not one that your state or the Federal Government can you help you stop. Patent rights do not come with a police protection. The inventor is left to his or her own devices. Since the cost of patent litigation can run into the millions of dollars, most inventors are not in a position to enforce their IP rights. Infringers know this only too well and think they can continue to infringe with impunity.
You need a patent infringement champion with deep pockets
that is why individuals, small businesses, and other patent owners come to General Patent when they are the victims of patent infringement. General Patent’s patent attorneys examine your patent infringement claim, and if we confirm your suspicion of infringement, we may offer to collaborate with you in pursuing a remedy for the infringement of your intellectual property.
Because of the patent enforcement campaign, we undertake on your behalf, we may be able to negotiate patent license agreements that produce payment of royalties for the use of your patent. If the infringer refuses to license your patent, we will bring a patent infringement lawsuit. At that point, we may be able to negotiate a settlement with the patent infringer, or we may need to pursue your case all the way to trial.
No up-front costs on your part
General Patent truly is your champion because we underwrite any and all expenses involved in patent infringement litigation, including research, expert witnesses, court reporters, document production and discovery, video depositions, trial demonstratives, and all other litigation expenses and disbursements. In addition, we only are paid when we reach a successful resolution of your patent infringement claim!
Incredible patent infringement results for our clients!
Part of what makes General Patent the leader in patent infringement prosecution is our record over the years of producing results for our clients. General Patent Corporation has either negotiated a satisfactory settlement or won the patent infringement lawsuit at trial for 100% of our clients! You will have just one chance to win compensation for infringement of your patent. Why not go with General Patent, the leader in patent infringement litigation?
Have us evaluate your patent infringement claim
It is free, and having us analyse your patent infringement claim puts you under no obligation. It will take just a few minutes to complete a Proposal Request. We will evaluate your claim of patent infringement, and if we believe we can assist you, we will send you a detailed proposal for you to review and consider.
If you decide to partner with us in pursuing your patent infringement claim, it will cost you nothing. We bear all costs, and we are paid from the proceeds of whatever settlement we can product on your behalf. You have everything to gain, and nothing to lose!