Patent infringement is one of the biggest fears of inventors. First, they’re concerned as they enter new markets that someone will bring a claim against them. Second, they must worry that their own invention will become the target of a copycat. These fears are valid, as patent infringement happens nearly every day. If you have created a new invention or product and are searching for ways to safeguard your hard work, Bold Patents’ patent infringement attorney services can help.
Many inventors hear “infringement” and think about litigation right away; however, litigation is not always necessary. Fewer than 1% of all patent infringements actually end up in court. Our patent infringement attorney services provide legal opinions that help you understand the risks and advise you on actions to mitigate them, without the stress, cost, or worry of litigation.
If you are worried that someone else is using your intellectual property without your permission, be it a large corporation or an individual, you may wonder what you should do next. Thankfully, there are several options available to you if you believe someone else’s product or services infringe on your existing, patented invention or product.
You may ask your attorney to send a cease-and-desist letter or pursue other legal avenues, including demanding damages. You may also file a claim against this individual or corporation. Whatever you choose, your attorney from Bold Patents is ready to help you get the justice and compensation you deserve in cases of patent infringement.
How To Detect Patent Infringement
It can be difficult to detect patent infringement, as many individuals or corporations who are guilty of infringement work with dedication to conceal their activities, especially in cases where they are infringing on a patent in a knowing and intentional way.
The primary way to detect patent infringement is to find evidence that the other party is offering a product or service that meets all the qualifications or limitations of one or more independent claims of your unique patent. If any other party assists or contributes to this infringement, they may also be held liable.
More often than not, one of the first signs of patent infringement is receiving complaints from consumers about confusion between your product or service and the product or service of another individual or corporation. An example might be a business selling a lower-quality version of your product by using materials of low integrity to create replicants.
If consumers begin to complain, you may start to suspect infringement, which could lead to losses for your business. A patent infringement attorney can assist you in bringing a claim against the individual or company responsible for infringement so that you might seek the recoverable damages you suffered.
How Bold Patents Can Help Determine Patent Infringement
When you work with the patent infringement attorneys at Bold Patents, you can rest assured that you have the right people in your corner. We have worked with countless clients nationwide to ensure their hard work is protected and the liable party is brought to justice. We offer robust, full-spectrum services and can review your infringement case, offering our opinions on your unique situation.
It is important to note that in order to have a valid patent infringement claim, your patent must be valid. When you hire a patent attorney from Bold Patents, we can review the details of your patent and determine its validity to ensure you have a case for infringement before you proceed with your claim.
We can also conduct a patent search to further confirm the validity of your patent before taking any legal action against the alleged infringer. Your patent must be novel in order to be protected, meaning it must be original on the market in its field of industry. A common defense against patent infringement is that prior art already exists on the market, and in order to mitigate the defense’s use of this argument, we must ensure this claim is false.
We can then develop a legal strategy for dealing with this alleged infringement and can start by sending a cease-and-desist letter or negotiating a fair settlement in the form of a total cessation or a license. If negotiations do not go favorably, we can file a formal civil claim against the infringer in the Federal Circuit Court.
What Damages Are Available in a Patent Infringement Case?
In patent infringement cases, you may be able to seek two main forms of damages. These two forms of damages include the following:
- Reasonable Royalties: These are the calculated infringement damages that equal the market value associated with the use of the patent by the individual or company liable for infringement. An experienced attorney can help determine the amount of damages that can be awarded under reasonable royalties.
- Lost Profits: Lost profits can be calculated by determining the amount of money you, as the patent owner, would have made if the infringement had not taken place. This can be a complicated calculation, however, and may be difficult to prove, which is why an attorney is essential.
Three Types of Infringement Opinions
We offer three different kinds of opinions on infringement, depending on your specific circumstances: freedom to operate, evidence of use, and full infringement reviews.
A freedom to operate (or FTO) is a legal Opinion written by a Patent Infringement Attorney which will tell you if you have the right to develop, test, market, or sell a product in a specific region. Say you’ve created a new kind of medical device that you’d like to patent. That device will include hundreds of smaller pieces, many of which may be patentable in and of themselves. An FTO opinion would tell you if there is an existing patent or other potential design patent infringement issues related to those pieces that may affect your product.
We review everything that goes into the product, right down to the supply chain and raw goods needed to create it. We then research any applicable patents along the entire operations plan and verify their validity. All of this is compiled into an infringement opinion that warns you of any enforceable patents to consider.
Infringement Opinions
A Patent Attorney’s opinion on what next steps to take when you believe an infringement of your idea is possible—or if you’ve been accused of infringement yourself. Someone will need to deeply review the patents involved and analyze each element. Then, these parts are reviewed to determine if there is a cause for action.
Your infringement attorney completes a highly detailed review of the strengths and weaknesses of your position. We then provide an opinion that tells you the next steps to take, whether that be sending out cease and desist letters, opening up licensing negotiations, or seeking out a litigation attorney.
An Evidence of Use analysis helps you discover if a product is infringing on your IP based on the existing scope of your patent or pending patent application. This could include a careful analysis of the product in question, using processes like reverse engineering and source code reviews. The information is then compared to elements of your existing patent.
We break down elements of potentially infringing products. We then provide detailed legal online infringement opinions that help you understand areas where you may be exposed before you take the next step to protect your IP.
We also offer more general validity and invalidity opinions when clients come to us with a specific infringement concern. These opinions can be used to prove a good faith effort to avoid willful infringement.
Choosing a Patent Infringement Lawyer
Whether you are considering retaining a patent infringement attorney before moving forward with product development or have concerns about possible infringement of one or more existing patents, choosing the right legal professional can make a difference. Look for a firm with deep experience serving other clients in your industry; an understanding of the science and technologies your business uses; and a detailed working knowledge of all relevant patent laws and regulations.
Your infringement lawyer should also be available and willing to communicate directly with you, answering any questions that arise and helping you understand each step of the process.
FAQs
How Much Does It Cost to Hire a Patent Infringement Attorney?
It can be difficult to offer an exact number as to how much it might cost to hire a patent infringement attorney. Each case is vastly different, and so are the ways in which these attorneys structure their fees; however, there are common factors that can influence attorney costs. These factors include the intricacy of the product or invention involved in the infringement and the attorney’s experience.
How Do I Sue for Patent Infringement?
If negotiations do not work out or are not possible in your patent infringement case, you may want to file a civil claim against the liable party. This can include hiring an attorney to counsel and represent you, filing an official claim in Federal Court, compiling evidence to prove your claim of patent infringement, with which your attorney can assist, and filing your complaint with the courts to be served upon the infringer.
How Do You Prove a Patent Infringement Case?
To prove patent infringement, you must be able to demonstrate the following elements:
- You are the owner of a valid patent.
- The defendant engaged in behaviors of patent infringement, such as making, selling, using, importing, or offering to sell the valid patented invention or product.
- The product, invention, or service that is patented meets the limitations of at least one of the independent claims of the patent.
What Qualifies as Patent Infringement?
Patent infringement occurs when an individual, company, or business entity makes, uses, offers to sell, imports, or sells any material, services, products, or inventions with an active patent in the United States without the explicit permission of the owner and holder of the patent. Patent infringement can have serious financial consequences.
Why Choose Bold Patents as Your Patent Infringement Attorneys
Most people hear infringement and assume that they need to jump right into litigation. That’s rarely the case. Before you even consider a lawsuit, you need an opinion to tell you whether your claim is worth it. In addition, you may have claims of infringement levied against you but not have enough legal knowledge to determine if they’re valid. That’s where we come in. We will complete a detailed review to help you understand your position.
Our patent infringement attorney services help you understand the risks you face as you enter new markets and provide options when you fear someone may have used your IP. The infringement litigation process is a long, expensive one. Before you even consider this route, it’s essential to get a detailed opinion to help you understand the risks you face.
Bold Patents provides online patent infringement attorney services in the form of detailed opinions that help you understand your rights and risks. To learn more, contact us or call 800-849-1913.