Patent Infringement

Patent Infringement Patent infringement and misuse of intellectual property are civil wrongs, or torts as described below.  We can help you to uncover misuse of your patents or intellectual property and enforce your rights under patent laws.  Call or e-mail us if you suspect infringement of your intellectual property (copyrights, trademarks, trade secrets) or if you would like our assistance in monitoring and protecting such.

What is Patent Infringement?
According to the U.S. Patent and Trademark Office, infringement of a patent consists of the unauthorized making, using, offering for sale or selling any patented invention within the United States or United States Territories, or importing into the United States of any patented invention during the term of the patent. The word "infringement" means an encroachment upon the domain belonging to a patentee that is described by the claims of her/his patent.

What is a Patent?
A patent for an invention is a grant of a property right by the Government to the inventor (or his or her heirs or assigns). The term of a patent is 20 years from the date on which the application for the patent was filed in the United States.  What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention.

What is a Copyright © ?
A copyright protects the writings of an author against copying. Literary, dramatic, musical and artistic works are included within the protection of the copyright law.  The copyright protects the form of expression rather than to the subject matter of the writing. Copyrights are registered in the Copyright Office in the Library of Congress.

What is a Trademark ™ ?
A trademark relates to words, names, symbols or devices used in trade with goods or services to indicate the source or origin of the goods or services and to distinguish them from the goods or services of others.  Examples are McDonald's golden arches, the NBC chimes, and KLEENEX tissues.

What are the remedies for patent infringement?
A patentee may sue for relief in the appropriate Federal court in he/she proves infringement. The remedies for infringement consist of:

• Injunctive relief
• damages (including treble damages for willful infringement)
• attorneys' fees in some cases
• court costs

Patent Statistics Over 6 million United States patents have been issued since the first was granted on July 31, 1790.  To facilitate the use of this large body of technology, these documents have been "classified" (categorized) into roughly 460 broad technological categories (called classes) and approximately 150,000 specific technological categories (called subclasses). Together, these classes and subclasses form the structure of the classified patent file.--Source: U.S.