What Inventors Need to Know about Patents, Patent Infringement, Patent Enforcement and Patent Litigation

A U.S. Patent: The roots of the U.S. patent system go back to the Founding Fathers who included the concept for patents and copyrights in the original U.S. Constitution that was adopted in 1789. A patent is a quid pro quo between the inventor and the federal government. In exchange for disclosure of the invention, the government grants the inventor a limited monopoly. That limited monopoly gives the owner the right to exclude others from using his or her invention, and the right to sue those who use the patented invention – that is, infringe the patent – without the permission of the patent owner.

Patent Infringement: Patent infringement occurs every day, and every year thousands of patent infringement lawsuits are filed in the U.S. Patent infringement can be willful – that is, the infringer knowingly infringes the patent – or it can be unintentional – the infringer essential re-invents the patented invention and uses the invention in a product or service offered for sale. In either event, infringement is infringement – if it can be proven in a court of law – and the owner of the patent is entitled to compensation.

Patent Enforcement: There are no Patent Police, and patent infringement is not a crime. It is the task of the patent owner to identify and pursue patent infringers. Patent enforcement is achieved by filing a patent infringement lawsuit against the infringer in U.S. Federal District Court.

Patent Litigation: Patent litigation is very expensive and the second most expensive after anti-trust litigation. It can cost from a few hundred thousand dollars to a million dollars or more to try a patent infringement lawsuit. When a major corporation sues another major corporation for patent infringement, it is a fair fight. When an inventor or small business sues a major corporation for patent infringement, it is NOT a fair fight!

Contingency Patent Enforcement: GPC exists to level the playing field for the inventor (or small business, university or other entity) whose patent has been infringed. General Patent will examine your claim of patent infringement, and if we believe you have a viable case, we will offer to represent you on a 100% contingency basis, both managing and financing a comprehensive patent enforcement campaign on your behalf. You pay nothing, GPC covers all costs, and we are repaid the expenses we invested in the case and for our time and risk by sharing in the proceeds of the litigation per an agreed-to formula. It costs you nothing, and it puts you under no obligation, to have General Patent analyze your claim of patent infringement. Complete a Patent Infringement Inquiry or call us at 888-861-8484.