SAM IP Patent Attorneys
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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Colorado & Eastern Utah........
For answers to questions or for counseling, please contact our office. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information until such time as an attorney-client relationship has been established.
Contact Our Attorneys Today To Begin Your Patent Protection
Our patent attorneys are ready to listen to you and to tailor a unique plan that fits your needs and grants you the greatest degree of protection at an affordable price. We offer a flat-fee quotes and hourly rates depending on our clients' unique situations, needs, and goals. If you are ready to begin your patent protection or have questions about the patent process, call us today or fill out our message form.
Colorado & Eastern Utah