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When a patent owner believes that someone is infringing on their intellectual property, they will file a patent infringement claim in federal court. The court will decide if the product in question is similar enough to the patented product to constitute patent infringement.
What Rights Does a Patent Confer?
Patents protect the rights of inventors to profit from their inventions by preventing anyone else from making an equivalent product for a certain period of time. When the United States Patent and Trademark Office grants a patent, the patent excludes anyone other than the patent holder from:
- Making the product described in the patent
- Using the design described in the patent
- Offering the product for sale
- Selling the product
These restrictions apply only in the United States.
In most cases, patents last for 20 years and require a maintenance fee after three and a half, seven and a half, and eleven and a half years to keep them in force. After the patent expires, anyone can make or sell the product without restriction. The USPTO will sometimes extend a patent’s term to compensate the patent holder for delays in the application process.
What Is Patent Infringement?
According to the USPTO, patent infringement is any unauthorized activity with a patented product or design, including:
- Making, using, offering for sale, or selling the product
- Importing a patented product into the United States
If a patent holder believes that another party has infringed on their patent, they can file a patent infringement claim in federal court. The court will review the case, and, if it finds in favor of the patent holder, it can stop the infringement and award financial damages or order other remedies.
The USPTO itself does not have jurisdiction in questions of infringement. When granting a patent, the USPTO does not assess whether the product in question infringes on an existing patent. Therefore, it is possible to have a valid patent for an invention and yet have no legal right to manufacture or sell the product due to some other patent.
How Do Courts Resolve Patent Infringement Claims?
The court will resolve a patent infringement claim by comparing the allegedly unlawful product to the product described in the patent. In some cases, the allegedly unlawful product will clearly and unambiguously infringe on the patent. In others, the allegedly unlawful product will be similar but not identical to the product described in the patent, or parts of the product will infringe on the patent while other parts will not. In such cases, the court can apply the doctrine of equivalents, which states that a product infringes on a patent if it contains elements equivalent to each of the elements of the product described in the patent.
Defenses Against a Patent Infringement Claim
Patent infringement claims are not always successful. Defenses that can be used in a patent infringement case include:
- Arguing that the patent is invalid
- Arguing that the product does not infringe the patent
- Arguing that the patent has expired
- Arguing that the accused party has a valid license from the patent holder
In a patent infringement case, both sides may hire expert witnesses to explain the similarities and differences between the accused product and the product described in the patent.
Contact an Austin, Texas Patent Lawyer Today
Whether you’re seeking to enforce your patent or to defend yourself against a claim of patent infringement, you need experienced legal help to assert your rights. The Kumar Law Firm, PLLC, has extensive experience with patent infringement cases and is proud to serve Austin, Texas. Attorney Sanjeev Kumar can review your case, explain the laws to you, and help you protect your company’s legal rights. Contact our office today for an initial consultation.