You have a patent. You spent blood, sweat and sleepless nights raising your intellectual baby to adulthood (a patent). Now a kidnapping has occurred. Someone is using your offspring to get an unholy profit. It has to stop.
What is your recourse? Well the natural flow of events is patent litigation. The steps that follow are of increasing severity (and expense). Your goal is not to go to court, but to put enough pressure on the violating person or company, so that they will concede to your just demands. However, it makes no sense to turn off a profitable venture. What makes sense is to tap into their profits.
1. Collect evidence of the patent infringement
You need to build a file on the violators. Buy the infringing products. Document the number and scale of the infringements. The more knowledge you have of the violation of your rights, the stronger the case you will have.
2. Notify the infringer
Maybe the infringer didn’t know that they were violating your patent. If so they may begin to negotiate immediately. If so then your journey and expenses are over. If not then you must go to the next step.
At this point you should be talking to a patent lawyer. Yes it is expensive, but don’t throw away a thousand dollars for not wanting to spend a dime. If you make a mistake in the notification, you can set yourself up for trouble and may even be on the defensive from day one!
3. File a patent lawsuit
This will get the offenders attention. If they denied any violation of your patent in step 2, they will now be more interested in a settlement. However, it is in your best interests to let them make the settlement offer.
4. Take your patent litigation to court
The preparation for trial, the discoveries, the expert witnesses, etc are all expensive. However, the trial itself will be even more expensive. But this whole process is designed to put pressure on your opponent when they have done something wrong. If the pain (money and time expended) becomes too great then your opponent will be more likely to negotiate. Negotiation and settlement is what you want. Don’t get too greedy or the expenses could go through the roof.
Find a patent Lawyer, Attorney or Law Firm to help with your patent case.
Patent lawyers usually specialize in patent litigation, which gives them exceptional experience with patent legal procedures, case history and anything else related to patents that a patent attorney should know. A patent attorney lawyer will take your case if they feel it has merit.
This will allow you to focus on your patent related issues. Your patent law firm will also have resources to help with other situations related to your patent and will assist you in anyway they can. During your research process to find patent lawyers, be sure to talk to several before deciding on one that you feel comfortable with. Remember, a good patent attorney will have a track record of success in patent litigation.