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By J.D. Houvener
Patent Attorney and Founder

Hi everyone, I’m J.D. Houvener, your host of the Bold Today’s Show. For you, the inventor, entrepreneur, or business owner, get your daily dose of inspiration to make the world a better place. Happy Monday, everybody, and welcome to the week. Thank you for being here and joining the select group that gets to be a part of moving innovation forward. I want to look back two weeks ago when we talked about the USPTO and the policy changes under the new direction of the director Andre Yonkou. We wrapped up that discussion; it seemed so quickly, and I want to make sure we get everyone’s interest in it and want to make sure we get everyone’s questions answered. So, if you had anything still bugging you about the patent system, it’s a real moral issue, or high-level political issues with patenting, put them in the comments below. I want to answer them personally, so let us all know.

Today, we’re taking a look at the way to make money. This week is all about making money. This first section is the most predominant way, and that’s through enforcing your patent rights through litigation. That’s through building your business and excluding everyone else from their patent from being able to exercise your patent rights. You have four main rights once you’re the patent holder, that’s the ability to make, use, sell, or import into the United States. They don’t have your permission to do it; they can’t, and they’re infringing. So, without too much work, you need to be able to monitor the market and not just measure who might be infringing but how many people are infringing. So, working with a professional that knows how to monitor the market, do a landscape opinion, and assert your rights on those that are infringing is paramount. This is you and your business, right? This is you enforcing your rights and making sure you’re clearing everyone out and having that monopoly that the government owes you. Well, they don’t. Well, they certainly will help you enforce the patent rights; they’re not going to be the police. And so, it is up to you to go find out who is infringing. Before you go send a cease-and-desist letter and go start slapping a lawsuit, you want to take some time and do some things to put in place first.

The first order of business is to do a validity opinion. Have a patent attorney sit down and look at your claims and make sure that if those actually were before a judge and jury, they would actually stand the test of current laws. It is the case that patents that have been issued in the past may no longer be valid if they try to be enforced in today’s law. The second thing to do if you’ve got a valid patent is to make sure there’s actually infringement. A lot of times, patent holders get emotional and get upset when they see things being sold on Amazon that look awfully like their invention, like their product, but they may not actually be infringing that claims of the invention. So, for the patent attorney carefully to make sure you, before you go out there and assert your rights, you actually have a true infringement going on.

So, if you’re going after making money in the patent world, and you want to grow your business and enforce your patent rights, that’s the number one way to make money and do it. See if you’ve got questions about litigation. If you have patent rights that are currently vested, or you’re just curious about the patent process as a whole, and you may be just getting started, give us a call. We love to chat with you. We always offer a free 30-minute consultation. So, afford this to anyone else, do you might be in the know might need to know some extra things about paths. I’m J.D. Houvener, your host of the Bold Today’s Show. Have a great day. Go big, go bold.

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. at