Plaintiffs conduct entitles it to damages and all other remedies at law.
Plaintiffs conduct entitles it to damages and all other remedies at law.
This may be a particularly easy process if there is only one specific individual who has infringed on your patent. It can become much more complicated, however, when there are multiple individuals and businesses involved.
Identity of the Infringer This may be a particularly easy process if there is only one specific individual who has infringed on your patent. It can become much more complicated, however, when there are multiple individuals and businesses involved.
Patent infringement is the unlawful use, selling, or copying of a patented invention. United States patent law protects such inventions. A patent is a type of intellectual property that the inventor could seek protection by filing a patent application.
Getting Started in Litigation Your attorney will file a formal complaint in federal court, explaining how the defendant has infringed on your patent. Together with your attorney, you will need to compile evidence of your ownership of the patent and the infringement.
This probably will require hiring a patent attorney. You should make sure to find an attorney who has handled patent infringement cases previously and who is familiar with your industry. Your attorney will file a formal complaint in federal court, explaining how the defendant has infringed on your patent.
The IPR Center encourages victims to visit its website at .IPRCenter to obtain more information about the IPR Center and to report violations of intellectual property rights online or by emailing IPRCenter@dhs. You can also report IP crime by clicking on The IRP Center's “Report IP Theft” button.
Patent infringement lawsuits can vary in duration but generally take one to three years to resolve.
A patent holder must sue the unauthorized party in federal district court. The patent holder can sue in any federal court where the infringed product is found. Patent lawsuits are time-consuming. Depending on where you live, these suits can take years to get to trial.
A reasonable royalty equal to 25% of the licensee's profits might apply to a small number of patents that involve a vital and commercially important technology. But even in such cases, the rate should be proven reasonable using independent evidence and should not merely be assumed reasonable.
The two main types of damages awarded in patent infringement actions are reasonable royalties and lost profits. (However, the Patent Act does not limit damages to certain types, and a judge can award other types of damages that may be appropriate under the facts of the case.)