What are your patent enforcement rights?
As stated in 35 US Code 154(a)(1), every patent contains “a grant to the patentee ... of the right to exclude others from making, using, offering for sale, or selling the invention throughout the United States or importing the invention into the United States...”. But read these words carefully. A patent is not, as many people believe, the right of an inventor to use his or her invention; it is the right of an inventor to exclude or prevent others from using the patented invention − the right to enforce the patent if patent infringement occurs.
Patent enforcement is a complex undertaking
Patent enforcement is very complicated. Patent holders have the burden of proving infringement. And litigation costs are prohibitively high, especially if you are in individual or a small business. A patent infringer with deep pockets, such as a large corporation, has significant advantages over an individual inventor or small business. That’s why it’s important to have a well-financed partner that can cover the costs of a patent infringement lawsuit.
Taking action against patent infringers
Professional assistance is very important if you want to enforce your patent. Many inventors go straight to a law firm, and that makes sense because a patent attorney can help you assign, license or otherwise dispose of a patent after it has been issued. But when it comes to patent enforcement, don’t you want someone who has more than just a legal background? Who understands the value of your invention? Who will put the same time and effort into understanding the legal merits and economic potential of your case as you initially put into the development of your invention?
We are serious about patent enforcement
While General Patent Corporation offers many services, we specialize in patent enforcement. We have been enforcing patents for inventors for more than twenty years. Our in-house team of patent attorneys, licensing experts and skilled negotiators take great pains to understand your patent. We develop a unique patent enforcement strategy for each client, and we aggressively pursue your claim, putting whatever resources are needed to work on your behalf. In fact, we sometimes invest millions of dollars on behalf of a client!
If you’d like us to review your patent enforcement project – at no cost or obligation – you just need to supply us with some basic information such as your patent number(s) and evidence of any infringement of which you are aware. Our team of patent attorneys and technical experts will review these materials in depth. If we determine that your patent has indeed been infringed and the enforcement of it would be economically feasible, we will develop a comprehensive patent enforcement strategy for your specific situation.
Patent enforcement results for our clients
For over 20 years, General Patent Corporation has produced winning settlements for our clients. In fact, we’ve never failed to either reach a negotiated patent enforcement settlement for a client or won our client’s patent enforcement lawsuit at trial! And while that seems incredible, it is true and that is why General Patent is the premier patent enforcement firm. And why so many individuals and businesses with patent enforcement claims turn to General Patent to champion their cause.
No up-front costs or out-of-pocket expenses on your part!
That’s right. We are your champion in this venture. If we offer to take on your patent enforcement cause, you pay us nothing up front. We invest whatever resources are needed – internal manpower on our part, expert witnesses and other outside resources, and the money to pay for them − to aggressively prosecute your patent enforcement claim. We are not paid unless we produce positive results for you: a patent licensing agreement, royalties on your patent, a negotiated settlement, or victory in court!
Multiple patent enforcement outcomes
We do not focus on getting you your day in court because a trial may not be necessary, and it might not be the smartest strategy. In fact, going to trial is very risky. By filing a patent enforcement lawsuit, we gain leverage, and we then use that leverage to produce the best outcome for you, the client. We can often negotiate a licensing agreement under which you receive an ongoing royalty for the use of your patent. We can also often negotiate payment for past use of the patent. If you are practicing your patent (you are producing a product using that patent), we can negotiate compensation for lost profits. In some cases we can recover treble damages for a client if we can prove the infringer acted in willful disregard of the patent owner’s right.
We approach every new client and every patent enforcement challenge with an open mind, apply multiple strategies, and strive to produce the most equitable settlement for our client. And General Patent only gets paid for the time and money we invest in your patent litigation if and when we product a favorable outcome for you, our client. In fact, we share in the proceeds of any settlement. The first step, however, is to complete a Proposal Request so we can examine your patent enforcement claim at no cost to you and no obligation on your part.