What Steps Can You Take If Someone Is Infringing On Your Patent

Protecting your patent is crucial to maintaining your rights and the value of your invention. When someone uses your patented invention without permission, it can feel frustrating and overwhelming. Knowing your options and the steps you can take helps you respond effectively and protect your interests. It is important to consult with a New York Patent Attorney to discuss your options and rights.

Understanding Patent Infringement

Patent infringement happens when another party makes, uses, sells, or imports your patented invention without your consent. This unauthorized use can harm your business by reducing your market share or devaluing your innovation. Recognizing infringement early is key to taking timely action.

Common signs of infringement include:

• Competitors offering products or services that closely match your patented invention

• Unauthorized manufacturing or selling of your patented technology

• Use of your patented process without a license

  
  

If you suspect infringement, gather evidence such as product samples, advertisements, or sales records that show the unauthorized use.

Confirming Your Patent Rights

Before taking action, verify that your patent is valid and enforceable. Patents have specific terms and geographic limits. Confirm:

• Your patent is active and not expired

• The alleged infringing product or process falls within the scope of your patent claims

• Your patent is registered in the country where infringement occurs

  
  

Consulting a New York Patent Attorney can help you understand the strength of your patent and the likelihood of success if you pursue enforcement.

Communicating With the Infringer

Often, the first step is to contact the alleged infringer directly. This can be done through a cease-and-desist letter, that is done by a New York Patent Attorney, which:

• Explains your patent rights

• Describes the suspected infringement

• Requests that they stop the infringing activity

  
  

This letter serves as a formal warning and may lead to a resolution without legal action. Sometimes, the infringer may not be aware of your patent or may be willing to negotiate a license agreement.

Negotiating a License Agreement

If the infringer wants to continue using your invention, you can negotiate a license. Licensing allows them to use your patent legally in exchange for payment or royalties. This option can generate income and avoid costly litigation.

Key points to consider in a license agreement:

• Scope of use allowed

• Duration of the license

• Payment terms and royalties

• Quality control and enforcement provisions

  
  

A well-drafted license prepared by a New York Patent Attorney protects your interests while providing a business opportunity.

Filing a Patent Infringement Lawsuit

If good-faith communications and/or good-faith negotiation fail, filing a lawsuit may be necessary. Litigation is a serious step that involves:

• Filing a complaint in a court with jurisdiction over the patent and infringer

• Presenting evidence that the patent is valid and infringed

• Seeking remedies such as injunctions to stop infringement and monetary damages

  
  

Patent litigation can be expensive and time-consuming. It requires expert legal counsel and a clear strategy. Courts may award damages based on lost profits or reasonable royalties. In certain circumstances, an award of attorney's fees and costs may be possible. A New York Patent Attorney can provided a generalized explanation about the litigation process.

Alternative Dispute Resolution

To avoid lengthy court battles, consider alternative dispute resolution methods such as:

• Mediation: A neutral third party helps both sides reach a voluntary agreement

• Arbitration: A binding decision is made by an arbitrator outside of court

  
  

These methods can save time and costs while preserving business relationships.

Protecting Your Patent Going Forward

To reduce the risk of infringement:

• Monitor the market regularly for unauthorized use

• Keep detailed records of your patent and its use

• Educate your team and partners about your patent rights

• Consider patent marking on your products to notify others of your rights

  
  

Proactive management strengthens your position if infringement occurs.

If Someone Is Infringing On Your Patent Speak With A New York Patent Attorney To Discuss Your Options To Protect Your Patent Rights

Protecting your patent requires a clear understanding of your rights and available options. Start by confirming your patent’s validity and gathering evidence. The New York Patent Attorneys at the Law Office of Dimitrios Kourouklis, Ph.D can meet with you to discuss your patent rights if someone is infringing on your patents. Our team of New York Patent Attorneys can discuss your options and develop a cost effective strategy for protecting and enforcing those rights. Call and speak with a New York Patent Attorney at 929-400-7608 or contact us via email to learn more about your rights so that we can obtain the best outcome for you. Reach out to the infringer to seek a resolution, and consider licensing if appropriate. Staying vigilant and proactive helps maintain the value of your invention and your competitive edge.