After successfully registering your patent with USPTO any competitor attempting to use your idea needs to ask for your approval first. Sometimes you may come across other companies using and selling your ideas without your approval. This is called a patent infringement, and when infringement takes place, the patent holder can pull the offender into court. To sue the alleged infringer, it is advised to take help from a professional law firm that deals with such cases. In this article, we will briefly explain the whole process through which you can enforce your rights.
1. Get Informed & Gather Information
The first step is to gather all the information about the type of infringement that is taking place and whether it can indeed be regarded as infringement or not. Find out how the infringer is adversely affecting your business and calculate all the damages beforehand. Moreover, it is also recommended to be clear about all your rights and gain the required knowledge about the kind of patent that you hold.
The next step is to first try and communicate with the infringer to make them aware of the infringement. At this step, it is advisable to avoid any language that reflects a threat to sue. Communicate to them the details of your patent rights and give them a deadline to respond.
3. Look for an Attorney
If the infringer fails to contact you after your attempt to communicate, it is a good idea to hire a professional attorney for legal counsel. Contacting a law firm such as Michael Ahmadshahi, PhD, Law Offices that have expertise in cases regarding intellectual property will get you the help you need. The attorney will tell you exactly what you need to do to acquire your rights and enforce your patent.
4. Draft and File Your Complaint
With the help of your attorney, you will then start drafting your complaint. The complaint letter will have all the information regarding the infringer, you, and the patent that you hold. In addition to all these details, you will also need to add exact dates and estimates regarding the monetary damages done to your business due to the infringement. After drafting the complaint, your attorney will then file this complaint in the Federal district court to start the legal proceedings. Once you have filed your claim, you will need to serve the infringer with the legal suing notice then.
After the infringer has been served, mediation is suggested by the federal courts to try to reach an agreement out of court. Also, the infringement claim that you take to court might result in high costs if you do not get the best outcome. Your attorney will guide you towards the most cost-effective solution and will play their role to communicate to the infringer the strength of the claim. This will significantly increase the chances of a settlement from the offender.
Patent infringement is not an alien practice which is why law firms such as Michael Ahmadshahi, PhD, Law Offices particularly deal with such cases. Having such a law firm by your side throughout the process will help you get your rights and recover any damages that might have incurred due to the infringer’s actions. If you need help regarding such a case, contact Michael Ahmadshahi, PhD, Law Offices today and get an initial consultation.