A patent issued by the United States Patent and Trademark Office grants the patent owner a 20 year monopoly on the subject matter of the issued patent counted from the filing date of the patent. In other words, the patent owner has 20 years to exclude others from making, using, or selling the patented invention. Thus, if somebody starts making, using, or selling the patented invention during the patent term, the patent holder has the right to take legal action against the infringer to stop the infringer from making, using, or selling the patented invention and to also collect damages. 

There are two major ways in which a patent can be infringed. The first is through direct infringement. Direct infringement is when an infringer makes, uses, or sells a product which meets every element of at least one claim of the issued patent. The second is through the doctrine of equivalents. Infringement through the doctrine of equivalents is when the infringer makes, uses, or sells a product which does not necessarily meet every single element of any claim of the issued patent, but is very close such that it is basically equivalent to at least one claim of the issued patent. If one or both of these ways of infringement are met, then there may be a valid patent infringement case which could be brought against the infringer.

Even if it seems like there may be a valid patent infringement case against an infringer, you will want to balance the risks of litigation. One of these risks is that the infringer will argue that your patent is invalid. Thus, it may be beneficial to have a patent validity opinion done in which one of our register patent attorneys will analyze your patent to make sure that you understand any points of weakness which could invalidate your patent.

If you have questions about a potential infringer and are considering patent litigation, give our attorneys a call. We have years of experience in patents and litigation matters. We will listen carefully to your case, answer all of your questions, and help you determine the best course you should take to enforce your patent and maintain your patent rights. It it our goal to provide you with the greatest degree of protection at an affordable price.   

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