1. You have to be vigilant of others selling, offering to sell, manufacturing, importing or using any product similar to your invention. Take special care to monitor similarities between your invention and the competition. If your competitor’s product reads on your invention, patent infringement, then you might have a possible patent infringement lawsuit against your competitor. Have our patent attorneys help you determine if a product reads on your invention.
2. When you find a product that infringes your invention, you must gather all the information relevant with regards to the infringement so that you may seek damages. Information relevant may be as follows: samples of the infringing device, photographs, service manuals and any detail of the individual or company infringing your patent.
3. If you have placed “Patent No. ….. or Pat. No…..” on your product you may be able to file an immediate law suit against the infringing party, but usually you should immediately send the infringing party a cease and desist letter. We recommend that a patent attorney sends this letter. Caveat, this may allow an infringing party to file an action to invalidate your patent.
4. Usually, after the letter is sent, you may be able to work out a deal with the infringing party for compensation for any past infringement. You may also be able to come to an agreement for royalties for future activity or an outright sale of the patent to the infringing party.
5. If you cannot come to an agreement with the infringing party, then you will have to file a lawsuit in the federal court in the district where the infringing party resides or has engaged in the infringing activity. If your suit is successful, you will be awarded damages and you will also get an injunction, restricting the infringing party from using your invention during the remaining term of your patent.
Note: you have to put an infringing party on notice of you patent rights or you will not be able to recover damages from them. The simplest method of placing you competition on notice is to place a label on your patented product. The label should read “Patent No XXXXX .” If you are not selling your product or you have failed to label your product, you will have to place the infringing party on notice before you are able to get any compensation for their infringement.