What actions can be taken against patent
infringement?
Discovering someone infringing on your patent can be disheartening. However, there are steps you can take to address the situation and protect your intellectual property. Here is an overview of the potential courses of action:
1. Negotiation: This approach involves directly communicating with the infringing party to reach a mutually beneficial agreement. You might seek a licensing deal, where they pay you for the right to use your invention or negotiate a stop to their infringing activities in exchange for a specific action on your part.
2. Cease-and-Desist: Cease-and-Desist is a formal written letter or notice informing the infringing party that their actions violate your patent rights and demanding they cease the infringing activity. This can be a starting point for negotiation or a precursor to legal action.
3. Litigation:
Filing a Lawsuit: If negotiation fails, you can file a patent infringement lawsuit in federal court. This is a complex and often expensive process, so consulting with a patent attorney specializing in litigation is crucial. In some cases, the court may award you reimbursement for the legal costs incurred in the lawsuit.
Monetary damages: This compensates you for the financial losses caused by the infringement.
Injunction: This court order forces the infringing party to stop their activities and can even prevent future infringement.