Denver, CO asked in Patents (Intellectual Property) for Colorado

Q: how would I find out if someone is using my patents.

2 Lawyer Answers
Michael Cohen
Michael Cohen
  • Patents Lawyer
  • Beverly Hills, CA

A: Normally through due diligence, meaning knowing the competitors of your products/services and monitoring them. Once you believe they are offering the same or similar product/service, you would then consult with a patent attorney to analyze your registered patent, particularly the claims of your patent. The patent attorney would provide an opinion either oral or written as to whether or not each and every element of at least one independent claim "reads upon" the allegedly infringement product/service. For larger companies, their in-house counsel may or may not do this or they retain outside counsel, for smaller companies you would likely have to retain a patent attorney well-versed in patent infringement litigation, not just a patent prosecutor. With technology changing, AI and other advancements may assist to some extent with the analysis. But only a patent attorney licensed in the country of the infringement could render an opinion.

Kevin E. Flynn agrees with this answer

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: To find out if someone is using your patents, you can start by conducting a patent search to see if anyone has filed or been granted a patent that is similar to yours. This can be done through the United States Patent and Trademark Office's (USPTO) online database, or with the help of a patent attorney or search firm.

If you find that someone is infringing on your patent, you may want to consider taking legal action. This can include sending a cease and desist letter, filing a lawsuit for patent infringement, or negotiating a licensing agreement with the infringing party.

It's important to note that enforcing patents can be a complex and costly process, so it's recommended that you consult with a patent attorney to discuss your options and determine the best course of action for your specific situation.

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