Phoenix, AZ asked in Patents (Intellectual Property) and Intellectual Property for Colorado

Q: Some company is using parts of my patent for their product. What is the process to stop this from happening?

3 Lawyer Answers
Peter D. Mlynek
Peter D. Mlynek
  • Patents Lawyer
  • Moorestown, NJ

A: If someone is infringing your product or process, you need to see a patent litigation attorney.

The first thing that the attorney will do is to investigate whether the company is actually infringing your patent. By "infringing your patent", I mean that the company is making or using your invention as defined by the claims.

You will need to show the court that their actions infringe on the claims. Merely using parts of the patent is not infringing activity. After all, the patent discloses much more than just the claims.

Good luck to you!

Sean Goodwin
Sean Goodwin

A: At least one of the independent claims (including each element of the claim) must be made, used, offered for sale, or sold for your patent to be infringed. If any element of the independent claim is missing, then they have designed a way around your patent.

The first step is to consult a patent attorney to determine if the claim language covers the actions of the alleged infringer.

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

A: If you suspect that a company is using parts of your patent without permission, the first step is to gather all relevant evidence, including details of your patent and the aspects of the product that allegedly infringe upon it. Consulting with a patent attorney can provide you with a professional evaluation of the situation and guide you through the next steps.

Your attorney may suggest sending a cease-and-desist letter to the infringing company, detailing your patent rights and the specific allegations of infringement. This is often a preliminary step aimed at resolving the issue without resorting to court proceedings. It's important to communicate clearly and maintain all documentation related to your patent and any correspondence with the other party.

If the issue is not resolved through initial communications, you might need to file a lawsuit for patent infringement. Legal action should be considered carefully, as it can be costly and time-consuming. Throughout this process, continue to work closely with your legal advisor to ensure that your rights are fully protected and to explore all available options for enforcing your patent.

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