You’ve come a long way and now you have the patent which gives your invention full protection against those who survive from infringing patent. You probably spent long sleepless nights, had to sweat to get that patent and just do not want to remember the obstacles you went through to acquire the patent. Having achieved your dream and now reaping the fruits of your labor, a kidnap occurs; someone is making use of the same idea or product to make a living and probably causing your business to go down drastically. You can’t allow this to continue. You have probably thought of several options, but you just want a perfect solution, one that will bring your business back to normal and also serve as a warning to future invention grabbers. None other than patent litigation will save your business from collapse.
Steps which follow patent litigation are severe and expensive to the infringer that he will to curse his decision having used your idea to make profit. Be careful because patent litigation can as well be expensive to you. Your goal is not going to court, but pushing the individual or company to the wall to make them succumb to your genuine and just demands. However, you might use the infringement to step up your gains. Don’t turn off such profitable ventures. It’s more rational tapping into the profits of the infringer. How?
1. Ensure evidence collected on patent infringement is adequate and can stand the test of court. In this case, building a file of violators is required. Make purchases of infringing products. Put down the number as well as scale of infringements. With adequate knowledge of patent of violation, filing the case is quite easy and you are bound to reap heavily from patent litigation.
2. Notify the patent infringer. There have been instances where infringers have walked away unscathed on the basis that they were unaware of patent violation and that they were not informed by the patent owner. Infringers who are notified may start negotiating immediately. If this happens, your journey as well as expenses comes to an end. If not, the next appropriate step is seeking help from a reputable patent lawyer. Even though this might be expensive, it’s worth protecting your investment. If you err in notifying the violator, you could as well be in trouble.
3. Filing of patent lawsuit. This grabs the attention of the offenders. If they did deny patent violation in the previous step, it is an indication that they have interest in a court settlement. This exactly was your wish and you have no reason hesitating to move to the next step.
4. Take litigation to a court of law. Trial preparations, discoveries, expert witnesses among other activities are quite expensive. But the real trial is more expensive. The aim of the entire process is putting pressure on the opponent after violating your rights. The opponent is likely to opt for negotiation when the pain – money & time – becomes unbearable and that is your goal.
If the right patent litigation procedure is followed, the patent owner always emerges the winner.