Share on Facebook
Share on Twitter
Share on LinkedIn
By J.D. Houvener
Patent Attorney and Founder

When an inventor discovers that their patent has potentially been infringed, it’s easy to become overwhelmed by emotion. After all, this is more than just a business asset—it’s an idea you’ve invested time, energy, and resources into. So, what steps should you take if you believe your intellectual property rights have been violated?

I’m JD Houvener, founder and patent attorney at Bold Patents, with nearly a decade of experience helping inventors secure and protect their innovations. In this guide, I’ll walk you through the key steps you need to consider when facing potential patent infringement. By approaching this systematically, you can protect your rights while maximizing your business’s potential.


1. Confirm the Infringement with a Patent Attorney

One of the first steps you should take if you suspect infringement is to consult a qualified patent attorney. Although it may be tempting to act immediately, a premature reaction can lead to misunderstandings or even hurt your case. An experienced patent attorney can help you determine if the alleged infringement is legitimate or if there are any nuances you might have missed.

At Bold Patents, we often advise clients to assess the specific type of patent they hold. For example:

  • Design Patents: Protect the visual design of an item. Infringement requires a nearly identical visual match.
  • Utility Patents: Offer broader protection, covering functional aspects. The language in your patent claims (the detailed description of your invention) plays a critical role in establishing whether infringement has occurred.

Learn more about the types of patents and protection Bold Patents provides.

2. Analyze Your Patent Claims

Each patent includes detailed claims that outline the specific aspects of your invention. These claims are what legally define your invention and, thus, what aspects are protected. Reviewing these claims with your attorney will help you understand which parts of your invention are protected under patent law and if the alleged infringer has crossed that line.

Let’s say, for instance, that your utility patent lists three primary elements: a housing, an attachment mechanism, and an airflow component. If the infringer’s product only includes a similar housing and attachment mechanism but lacks the airflow element, they may not be infringing on your patent after all. However, if their product closely mirrors each element described, you may have a case.

Discover more about how patent claims define your rights.

3. Consider Alternative Solutions Before Pursuing Litigation

After verifying infringement, take a moment to consider your approach. While your first reaction might be to threaten legal action, other approaches can prove more beneficial. For example, reaching out to the infringer in a cooperative tone might yield better results than an immediate threat of litigation.

In many cases, establishing a licensing agreement can provide ongoing revenue for your business. By offering a license, you give the other party permission to use your patented technology in exchange for royalties, which can turn a potential adversary into a business partner.

Approaching the alleged infringer with a business-minded attitude rather than a purely legal stance often results in better outcomes. This strategy not only protects your rights but can also lead to profitable partnerships.

Read more about patent licensing as a strategy.

4. Prepare for Negotiation

When your attorney confirms infringement and you’ve decided on a licensing approach, preparing for negotiation is crucial. This involves understanding your patent’s value and knowing your ideal terms.

For instance, if the infringing company wants to continue production, negotiate a fair royalty rate that compensates for their use of your invention. Consider structuring the royalties in a way that aligns with their sales, thereby aligning both of your interests. The key is to foster an arrangement that feels less adversarial and more mutually beneficial.

For more insights on negotiating patent infringement cases, see Bold Patents’ resources.

5. Take Legal Action When Necessary

If negotiation attempts fail or the infringer is unresponsive, it may be time to take legal action. Patent infringement lawsuits can be complex and require substantial evidence and legal acumen. Working with a patent attorney who specializes in intellectual property litigation is crucial at this stage.

When filing a lawsuit, your goal should be to recover damages for the unauthorized use of your patent and to prevent further infringement. These cases are often resolved through settlements, but your legal team will be ready to take the case to court if needed.

Bold Patents offers more information on what to expect in a patent infringement lawsuit.


Key Takeaways

  1. Consult a Patent Attorney First: Acting without legal counsel can jeopardize your case. A patent attorney can confirm if infringement has actually occurred.
  2. Understand Your Patent’s Specific Claims: Knowing your patent’s claims is essential in determining if an infringement has occurred.
  3. Explore Licensing as a Solution: Offering a licensing arrangement can often be more profitable than pursuing a lawsuit.
  4. Negotiate for a Favorable Outcome: A constructive, business-oriented approach to negotiation can yield better results than aggression.
  5. File a Lawsuit as a Last Resort: When all else fails, litigation may be necessary to protect your rights.

Download Our Free Inventor’s Kit for Essential Resources!

Navigating patent infringement can be challenging, but having the right resources at your disposal can make all the difference. Download our Free Inventor’s Kit, which includes valuable insights, resources for patent search, and a free copy of my book, Bold Ideas: The Inventor’s Guide to Patents.

Ready to take the next step? Book a free discovery call with Bold Patents to discuss your options and protect your intellectual property today.

With the right approach and the support of a dedicated legal team, you can defend your innovations, protect your business, and potentially create new revenue streams. At Bold Patents, we’re here to help you navigate every stage of your intellectual property journey.

About the Author
J.D. Houvener is a Registered USPTO Patent Attorney who has a strong interest in helping entrepreneurs and businesses thrive. J.D. leverages his technical background in engineering and experience in the aerospace industry to provide businesses with a unique perspective on their patent needs. He works with clients who are serious about investing in their intellectual assets and provides counsel on how to capitalize their patents in the market. If you have any questions regarding this article or patents in general, consider contacting J.D. Houvener at https://boldip.com/contact/