You invented a house that can be converted into a tent-like small shape, took it around anywhere in the world, added some unique features, and got it patented. You are enjoying exclusive rights to it. After some time you found out that the other inventor invented the same and claimed that invention of his own without even seeking your permission. You will be in shock and confused at the same time, now what to do!
That is called patent infringement!
When the rights of the patent holder are violated by the third party without any license or consent, results in patent infringement. If you’re concerned about others infringing on a patent, you might question how to check for patent infringement. As the patent holder, you're the best one allowed to make, use, or promote that patented product. Unfortunately, the USPTO will now no longer take a look at patent infringement for you—detecting patent infringement is something you’ll be accountable for yourself. Detecting patent infringement may be tough relying on what it's far that’s patented. It may be smooth to discover infringing patents in the market, however locating who is accountable may be a more difficult task. To discover positive patent infringement, you have to show that the infringing product infringes on each detail of your patent.
The price could be very low to recognize the capability for patent infringement and recognize what you're facing. The key to avoiding trouble is to recognize that potential trouble exists. You definitely cannot hide from patent troubles and it's far usually higher to stand them head-on and early on.
Now the main issue is how to deal with it, it’s not difficult as you think. Here are some tips for inventors and startups can do to avoid:
1. Investigate what patents will cover the product:
Before investing in your idea, make sure that your patent does not already exist in the market. Make sure you follow every step of the patent filing process. You have to make sure about this after getting your patent also. You have to keep a check that your patent must not be misused.
2. Hire a good patent attorney :
Always hire a good patent attorney for doing a patent search. Every patent attorney has unique software for searching. They search for similar patents which match your patent if any exist. Take further steps accordingly. Don’t waste your time, money, and effort.
3. Invalidation:
If the patent infringement cannot be avoided, the next step is Invalidation. This step involves an in-depth investigation of the prior art. It involves invalidating a patent by seeing the facts and figures before even filing it.
4. Possibility of license:
If you have no option, get a license. Don’t copy anyone’s invention and disrespect anyone. Never cheat on them. Try to invent something new or get a license from the concerned patent’s owner.
If you face any infringement case, unfortunately, consider the following points:
• Prepare proper management for litigation and discuss the costs.
• Have detailed information about who you are against and gather the information properly.
• Gather and analyze as well about patents.
• Make sure you involve technical experts in discussions.
• Before anything, try to negotiate with the opposite party.
Think twice before doing every step involved in the patent filing process and patent infringement also. Don’t close your eyes even for a second as it can cost you a lot. Don’t let your time, money, efforts, and hard work waste. They are not earned easily. Always keep your IP portfolio in check and keep track of what is happening. IP world seems easy but is not easy in reality, be careful!
Don’t fight the patent, fight the infringement. –DREWS CURTIS
