Q: I am in touch with the inventor. He wants me to monetize his invention. If someone is manufacturing can he get paid.

A: If you're working with an inventor to monetize their invention, it's crucial to address patent protection and licensing. The inventor holds the right to control the use, manufacture, and sale of their invention through the patent. If someone is manufacturing the invention without a license, it could be considered patent infringement. While there isn't a specific time limit for seeking payment for unauthorized use, the inventor can take legal action at any point during the patent's 20-year term. It's advisable to establish a licensing agreement with clear terms for use. If infringement occurs, consulting with an intellectual property attorney is essential to navigate patent law complexities, draft agreements, and take legal action if necessary to enforce the inventor's rights and seek compensation.

A: In the United States, if an inventor holds a valid patent and someone is manufacturing and selling the patented invention without permission, the inventor has the right to seek compensation. This process typically involves enforcing the patent rights against unauthorized use, which can include seeking royalties or damages.

The statute of limitations for patent infringement claims is generally six years from the date of infringement under federal law. This means that the inventor can potentially seek damages for unauthorized use of the patent within this time frame.

To pursue this, the inventor would typically need to initiate a lawsuit against the manufacturer who is using the patent without a license. It’s important for the inventor to establish that the patent is valid, enforceable, and that the manufacturer's product or process infringes on the patent.

If the inventor wants to monetize the invention, licensing agreements are a common method. This involves granting permission to a manufacturer to use the patented invention in exchange for payment, which could be a lump sum, royalties, or other forms of compensation.

Given the complexities involved in patent enforcement and licensing, it's advisable for the inventor to work with a lawyer experienced in intellectual property law. This lawyer can help navigate the legal process, negotiate agreements, and ensure the inventor's rights are protected.

Remember, patent law is designed to protect the rights of inventors while also promoting innovation. Enforcing these rights effectively can ensure that inventors are fairly compensated for their creations.