Patent Litigation

When someone holding the rights to a patent is forced to enforce patent rights against someone who is making or selling the invention without permission of the owner, it is called patent litigation. This action triggers a patent infringement lawsuit and the infringing party usually counter-sues saying the patent is invalid. In some cases a patent can be found invalid if it isn’t different or novel as compared to prior products, methods, or devices.

Inventor Tip:

Registering your idea early could be vital to keeping your rights. Sometimes it's a race to the patent office, as was the case with the telephone with two patents being filed the very same day. Do you even know the name of the OTHER guy?

Other Reasons For Patent Litigation

If a patented method or device has been described publicly or used publicly for over a year and hasn’t been formally patented, patent litigation can occur. The rule of thumb is, that a patent examiner can decide if the patent for which an application has been submitted surprising or non-obvious, or, expected.

Rules During the Course of Patent Litigation

Once the issue of “obviousness” surfaces, a court must review all of the documentation and decide if it was in fact non-obvious since the invention date. Each side is entitled to bring in an expert to court to show if it was found, obvious. After patent litigation occurs and the patent is not found invalid, the court can issue a court order or injunction which will stop the person who is infringing on or stealing the patent from using or selling the patented item.

Damages Due to Infringement Found During Patent Litigation

The court could award the rightful patent owner legal expenses and maybe even three times the actual damages incurred. The court could also encourage a written agreement between the owner of the patent and the person attempting infringement resulting from mediation between the two parties.

Additional Action Resulting From Patent Litigation

Most of the time, the agreement between the two parties, the patent owner and the infringer, will permit the infringer use of the patented product. However, the infringer will be responsible for royalties or fees to the owner, but usually has to go through mediation.

Interpreting Patent Claims Before Patent Litigation Occurs

A jury can hear a patent litigation case in the United States only if a judge is able to interpret the patent claims. The U.S. is the only country to follow the first to invent rule while other countries honor the first to file a patent application, in which case that person is the owner of the patent.