A patent gives its owner the right to exclude others from making, using, selling, or importing the protected invention. Enforcing a patent is essential to preserve its value. Without action, competitors can erode market share and weaken your competitive advantage.

Patent infringement occurs when someone makes, uses, sells, offers to sell, or imports a product or process that falls within the scope of your patent claims without authorization.

Infringement can be direct, where the infringer performs all elements of the claim, or indirect, where they encourage or supply others to infringe.

Before taking legal action, it is important to confirm that infringement exists and that your patent is enforceable. Steps include:

• Reviewing your claims to ensure they cover the accused product or process.
• Conducting a freedom-to-operate analysis to understand the competitive landscape.
• Confirming that your patent is valid and in force.

A professional infringement analysis can help determine whether enforcement is worth the cost and effort.

Patent enforcement can involve several approaches:

• Cease-and-desist letters: Often the first step, requesting the infringer stop the activity.
• Negotiated settlements: Agreements that can include licensing or payment for past infringement.
• Litigation: Filing a lawsuit in federal court for damages and injunctive relief.
• International enforcement: Pursuing action in other countries where you hold patent rights.

The right approach depends on business goals, the strength of your patent, and available resources.

Successful enforcement can result in:

• Monetary damages for lost profits or reasonable royalties.
• Enhanced damages for willful infringement.
• Injunctions preventing further infringement.

Courts may also award attorney’s fees in exceptional cases.

Patent rights are territorial. A U.S. patent does not protect your invention in other countries. To enforce rights abroad, you must have a valid patent in the relevant jurisdiction. Coordinating with international counsel can help manage global enforcement.

Infringement defendants may challenge your patent’s validity or claim that they do not infringe. They may also assert equitable defenses such as laches or inequitable conduct. Preparing for these challenges can strengthen your position.

To be ready for enforcement:

• Monitor the market for potential infringers.
• Keep detailed records of patent ownership and maintenance.
• Maintain a clear record of product development and sales.
• Work with experienced patent counsel early in the process.

Patent enforcement is critical to protecting the value of your intellectual property. A well-prepared enforcement strategy can stop infringement, recover damages, and safeguard your market position.

Twisdale Law, PC assists inventors and companies with all stages of patent enforcement, from investigation through litigation and settlement.