How to Enforce a Patent

Although some people think the U.S. Patent and Trademark Office (PTO) plays a role in patent infringement situations, it doesn't. You, the patent owner, must assume the full burden of stopping others from infringing upon your patent - and obtaining damages from them. Here's an overview of your options.

Things You'll Need

• Attorney Referral Services
• Patent Software

Suggestions

1. Monitor all products in the field of your invention and be alert for possible areas of infringement.
2. Obtain extensive details about any infringement as it occurs. Gather photographs, service manuals and actual samples of the infringing device, as well as details of the individual or company that is infringing, if possible.
3. Demand that the infringement stop.
4. Attempt to negotiate compensation for past infringement and royalties for future activity.
5. Consider selling the patent to the infringer for a sum that considers past and future infringing activity.
6. If you are unable to come to terms with the infringer, file a lawsuit in the federal court in the district where the infringer 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 infringer from using your invention during the remaining term of your patent.

Tips

• Act promptly once you suspect infringement. The statute of limitations for patent infringement is six years, meaning you cannot recover damages for infringement that occurred more than six years prior to the date you filed the suit.
• Keeping in mind the six-year statute of limitations, bringing a lawsuit against an infringer should be your last resort, because hiring a patent attorney can be very costly. The American Intellectual Property Law Association gives a median estimate of $518,000 for taking a patent infringement lawsuit all the way through trial. Because this cost generally applies to both sides, out-of-court settlements are usually reached.
• Successfully stopping infringement can be a difficult process, especially if you're up against a big company with deep pockets. This short checklist suggests a course of action, but to be successful, you'll either have to educate yourself further about patent prosecution or hire a lawyer.
• This information is not intended as a substitute for professional legal counsel. Refer to legal references and consult an attorney for up-to-date, comprehensive guidance.

______________________

Custom Business Cards

$86.90 - Real Estate Agent Business Card (White Linen)

$91.90 - Insurance Agent Business Card (Eggshell)

$91.90 - Loan Officeer Business Card (Eggshell)

$80.90 - Sales Rep Business Card Template (Eggshell)

$78.90 - Iridescent Pearl Finish

Weekly Planners

$30.95 - Weekly Planner Notepad (White)

see on 2 styles or 2 products

$30.95 - Weekly To Do List Notepad (White)

see on 2 styles or 2 products

$30.95 - Weekly Planner (Bright Pink) Memo Pad

see on 2 styles

How to Write Patent Claims

Patents are legal documents that protect inventions from others who might infringe upon the rights of the inventor by using his or her ideas for their own gain. Claims are the parts of a patent that define the technical scope and explain the aspects of the item in specific terms to avoid ambiguity.

Things You'll Need

• An invention
• Paper or word processor software
• Printer (optional)

Suggestions

1. Determine what type of patent claim is appropriate for the item being patented. A physical product or device is called a product or apparatus claim. A process or use is called a process, method or use claim. Multiple physical devices working together is called a system claim.
2. Make a list of the most important and unique aspects of the item to claim exclusive rights to them.
3. Determine if the claim is independent or dependent. Independent claims are stand-alone and do not depend on other claims. Dependent claims refer back to previous claims. Dependent claims allow for clarification of independent claims, backup claims in case the independent claim is denied and differentiation of different aspects of the item.
4. Begin a new page separate from the rest of the patent application to state the claims. Before listing the claims, write a statement, such as "I claim:," to declare what is to follow.
5. Number the claims chronologically from broad claims to narrow claims using Arabic numerals (1, 2, 3). Broader claims always need to be preceded by narrower claims so that scope shows the big picture first and breaks it down into its most basic components for each successive claim. Each claim needs to be either broad or narrow, but not both, to avoid conflicting claims. Using more claims allows more aspects of the item to be protected by the patent.
6. Write the introductory phrase, which describes the category of the item being patented and sometimes its purpose. It begins with a capital letter. (Example: "A device for drinking liquid").
7. Write the linking words, which are words such as "comprising" or "consisting of," that describe how or link the introductory phrase to the body of the claim. These words are important because they can restrict or widen the scope of the claim, creating very different meanings depending on the word choice. (Example: "consisting of").
8. Write the body of the claim, which is the specific description of the item being patented. End it with a period. Separate each clause with semi-colons. (Example: "A cylindrical plastic container with a funneled bottom.")
9. Separate each part of a multiple-step claim with a line indentation. Start the first introduction of a part of a claim with an "a" and start each follow-up of the same part with "the" to avoid confusion.
10. Revise the claims extensively to find any errors or unnecessary claims. This is important because it's best to get everything correct the first time to avoid delays. The number of claims also determines the application fee.

______________________

Custom Business Cards

$86.90 - Real Estate Agent Business Card (White Linen)

$91.90 - Insurance Agent Business Card (Eggshell)

$91.90 - Loan Officeer Business Card (Eggshell)

$80.90 - Sales Rep Business Card Template (Eggshell)

$78.90 - Iridescent Pearl Finish

Weekly Planners

$30.95 - Weekly Planner Notepad (White)

see on 2 styles or 2 products

$30.95 - Weekly To Do List Notepad (White)

see on 2 styles or 2 products

$30.95 - Weekly Planner (Bright Pink) Memo Pad

see on 2 styles

How to Conduct a Patent Search

If you have a great idea or new invention and want to patent it, do your homework first. Make sure somebody hasn't already beaten you to it.

Things You'll Need

• Patent Applications
• Attorney Referral Services
• Patent Marketing Services
• Patent Searching Service
• Patent Software

Suggestions

Conduct a Self-Search

• Determine what type of patent you will be seeking. A utility patent covers the functional aspects of an invention, while a design patent only covers the appearance of an invention.
• Access an online patent database such as the ones provided by the U.S. Patent and Trademark Office (PTO) and IBM. Determine the most relevant classes and subclasses for your invention.

• Read the class descriptions in the database to see which are relevant to your idea.
• Review all patents issued within those classes.
• Perform comprehensive keyword searches for your potential invention. Leave no stone unturned.
• Assemble your search results into a report that can be readily referenced.

Hire Professional Services

• Know your options: a patent agent or attorney or a lay searcher. A patent agent is an individual with some technical training who is licensed by the U.S. PTO to prepare and prosecute patent applications. A patent attorney is licensed by the PTO to prepare patent applications. To find a patent searcher, look in the yellow pages under "Patent Searchers."
• Also see Tips below.
• Utilize your searcher's services efficiently. Do this by providing the searcher with a clear and complete description of your invention together with easily understandable drawings. The more thorough you are, the better.
• Analyze your searcher's response thoroughly.

Tips

• Patent databases available over the Internet only go back to 1971. If your invention employs recent technologies, databases such as those available on the PTO and IBM Web sites will be fine. But if you need to search for pre-1971 patents, you will need to visit a Patent and Trademark Depository Library.
• To qualify for a patent, your invention must be different than all previous developments in the area, whether or not they ever received patents. You should therefore also search for past and present real-world developments that might bear on your invention's novelty.
• You need not worry about compromising the trade secrets of your invention when corresponding with your professional searcher. All information exchanged is considered confidential.
• Most search reports contain the following: a description of your invention provided by the searcher to confirm complete understanding of your invention and to indicate exactly what has been searched; a list of the patents and other references discovered during the search; a brief discussion of the relevance of the found patents and references; and a list of classes and subclasses searched and examiners consulted.
• Lay searchers generally can be hired for half the cost of patent agents or attorneys. However, be aware that they are not regulated by any authority.
• Incomplete or inadequate patent searches can waste time and money. Search extensively to make sure your idea is patentable and does not infringe upon patents that are still in effect.
• A pitfall of any patent search is that there is currently no way to search pending patent applications, as these records are kept confidential. Changes will occur in December 2000.
• A patent search might not yield helpful results in newly developing fields such as the Internet or biotechnology, since many relevant developments can be expected to be the subject of pending applications, which are kept confidential by the PTO.
• Performing an accurate and thorough patent search takes practice or know-how. This short checklist suggests a course of action, but to avoid wasting time, you should educate yourself further about patent searches before you try one yourself.
• This information is not intended as a substitute for professional legal counsel. Refer to legal references and consult an attorney for up-to-date, comprehensive guidance.

______________________

Custom Business Cards

$86.90 - Real Estate Agent Business Card (White Linen)

$91.90 - Insurance Agent Business Card (Eggshell)

$91.90 - Loan Officeer Business Card (Eggshell)

$80.90 - Sales Rep Business Card Template (Eggshell)

$78.90 - Iridescent Pearl Finish

Weekly Planners

$30.95 - Weekly Planner Notepad (White)

see on 2 styles or 2 products

$30.95 - Weekly To Do List Notepad (White)

see on 2 styles or 2 products

$30.95 - Weekly Planner (Bright Pink) Memo Pad

see on 2 styles