Patent Attorney and Founder
Hi everyone I’m JD Houvener and welcome to the bold today’s show were you the inventor entrepreneur or business owner get your daily dose of inspiration so you make the world a better place today we’re talking about litigation and I put together a 10 part series all about patent litigation that’s a long word you might have heard of litigation before for just maybe a few of those out there that haven’t quite grasped grasped that word before it means going to court it means in you know standing up for those rights and you’ve invested in so as a as a starting point to litigation we have to have a patent that’s fully granted we’ve talked a lot about what it takes to take a patent all the way through the application process this is not about that this is after all of that right once the patent office the USPTO is granted a patent in your name the inventor now is when you’re able to enforce your rights and that’s what this is all about in litigation so this first step of the process I want to talk about today if you’re ever to go try to enforce your rights against an infringer one of the first things the court is going to do is try to have you identify the chain of title they need to have you prove that you’re in fact the owner so for individual inventors is quite easy you have a natural right that’s inherent by being the inventor to own the ability to make use sell and import that invention now for most companies and entities it’s quite a bit different and the half go to show that chain of title all the way back to the inventor oftentimes inventions are created within large companies you know let’s say Microsoft or Amazon or Facebook these companies have employees that are inventing all the time the inventors are the employees but the owners write the title owner of the patent is actually that company in order to bring suit against someone else that company has to prove that they have a valid assignment from the inventor and that’s a contract and what’s interesting is that the Patent Office actually requires a patent assignment to be recorded within the Patent Office much like real property real estate must be recorded with the county the USPTO requires that the patents must be recorded you can check that out online and they’re searchable to see all of the assignments that have been recorded at the USPTO govt / assignments alright that’s it for today we’re going to be checking out all litigation all the steps of the process leading up to how you would force your patents as we talk in the next nine sessions hope you have a wonderful day go big go bold [Music]
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