If you have an idea that you are considering patenting, you should engage the help of an Orange County patent lawyer. An experienced lawyer can help walk you through the steps to file a patent and can help answer the question, “How does patent law work?” Different countries have different patent laws with unique requirements, but it is important to understand how US patent law works and how it is litigated.
What Is a Patent?
A patent is an exclusive right granted to an individual for a unique invention that they have created. The invention usually will serve as a new product or process that provides a new way of doing something or offers a new solution to a problem.
A patent provides legal protection that stipulates that no other party is permitted to copy, sell, or use the invention without the consent of the inventor or patent holder. Patents are categorized into three different types: plant, utility, and design.
A patent differs from copyright, which is intended to protect artistic works or works of authorship. Copyright is appropriate for things like books, movies, and games.
Patent Infringement
Under US law there are a couple of different ways that patent infringement can occur. One is by direct infringement, which is when the infringing party’s product meets all the limitations of one of the independent claims in the patent. Indirect infringement is the other. Indirect infringement is when one party assists or causes another party to create a product that meets all the limitations of one of the independent claims in the patent.
There are generally two types of indirect infringement — induced infringement and contributory infringement. Induced infringement is when the party knew about the patent and directly infringed on it. Contributory infringement is when the party knowingly provided a component that helped the other party directly infringe on the patent.
Holding Infringing Parties Accountable
To successfully enforce a patent, at least three things must be proven. You must own a valid patent, the alleged infringer must have engaged in the act of infringement, and the infringing act must have incorporated all the features of at least one of the independent claims in the patent. A patent should include well-constructed claims that outline what the patent covers.
Finally, if all of the above criteria are met, you may be able to pursue legal action against the infringing party for damages. The damages you could recover include a reasonable amount of royalties, damages, attorney fees, and lost profits. To make a successful claim, it’s critical to consult with an attorney with experience and knowledge of patent law.
FAQs
Q: What Are the Steps to Take When You Want to Patent Your Invention?
A: The steps you need to take when you want a patent include filing the patent application. Once a patent application has been filed, reviewed by an examiner, and approved, the invention is patented. Under US law, patentees have the legal right to exclude others from using, selling, or making the patented invention. If someone violates this clause, the patentee can pursue legal action against the violator. The Myers Law Group can help you through this process.
Q: What Are the Three Types of Patents?
A: The three types of patents are utility, design, and plant. A utility patent serves to protect the invention of new and useful processes, machines, or compositions of matter. Full utility patents last for up to 20 years. Design patents protect the new, original, and ornamental design of an invention. Full design patents last for up to 15 years. Plant patents protect invented or newly discovered asexually reproduced plants. Plan patents can last up to 20 years.
Q: Does a Patent Really Protect You?
A: A patent really can protect the inventor against having their invention stolen or reproduced. The inventor or patentee maintains the right to control who can use, sell, and produce the invention. However, you can expect others to try to copy your invention. If others do copy your invention or infringe on your patent, you must pursue legal action against them to hold them accountable. An experienced patent attorney can help you do this if needed.
Q: How Much Does It Cost to Get a Patent?
A: The costs of getting a patent in the United States can vary depending on the type and nature of the patent that you pursue. For example, a provisional patent is much cheaper than a full patent. A provisional patent provides up to 12 months of protection and costs a $300 filing fee plus attorney costs. An attorney can help draft the patent application and submit it on your behalf.
Q: How Are Patent Rights Enforced?
A: Patent rights are typically enforced in a court on the initiative of the patent owner. A court of law, under most circumstances, has the authority to stop patent infringement. However, you must understand that the main responsibility to identify and monitor for patent infringement lies with the patent owner. Just because you have a patent, it does not stop others from infringing on it; you must pursue legal action against any infringers to keep your invention protected.
A Law Firm Ready to Support You
Patent infringement is a widely encompassing legal topic. Patents can be very important assets, and it is important that they are legally protected and enforced. This is why inventors have experienced patent law attorneys engaged from the start. An attorney can help create the patent application and ensure that it is filed appropriately. An attorney can also help stop others from infringing on your patent.
The legal team at The Myers Law Group has decades of experience representing individuals in patent law cases. Our team has a superior understanding of US patent law, intellectual property, and the needs of patentees. It is crucial that any potential infringements are dealt with swiftly and accordingly. Whether it is a design, utility, or plant patent in question, our team can provide the support you need. Contact our office today to speak with a qualified legal attorney.