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

A U.S. Patent: The foundation of the U.S. patent system goes back to the Founding Fathers who included the concept of patents and copyrights in the original U.S. Constitution that was ratified in 1787. A patent is a time-limited monopoly granted by the federal government. That monopoly gives the owner the right to exclude others from manufacturing, selling or using a product that includes the patented invention, and the right to sue those who use the patented invention without the permission of the business that owns the patent.

Patent Infringement: Despite the monopoly granted via a U.S. Patent, Patent infringement occurs every day. As a result, thousands of patent infringement lawsuits are filed in the U.S. every year. Patent infringement can be willful – the infringer knowingly infringes the patent – or it can be unintentional – the infringer independently re-invents the patented invention and uses it in a product or service. In either event, infringement is infringement – if it can be proven in a court of law – and the business that owns the patent is entitled to compensation.

Patent Enforcement: There are no Patent Police because patent infringement is not a crime. That makes it the responsibility of patent owners to identify and pursue patent infringers. Patent enforcement is achieved by filing a patent infringement lawsuit against the infringer or infringers in U.S. Federal District Court. And that is a lengthy and costly undertaking.

Patent Litigation: Second in cost to only anti-trust litigation, Patent litigation is very expensive. It can cost from a few hundred thousand dollars at the low end to a million dollars or more at the high end to try a patent infringement lawsuit. When a major corporation sues another major corporation for patent infringement, that’s a fair fight. But when a small business sues a major corporation for patent infringement, it is NOT a fair fight!

Contingency Patent Enforcement: General Patent Corporation levels the playing field for the small business (or inventor or university or other entity) that owns a patent that 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 your company on a 100% contingency basis. That means we both manage and finance a comprehensive patent enforcement campaign on your behalf. You pay GPC nothing, we covers all costs involved in the litigation, and we are repaid the expenses we invested in the case and for our time and risk by receiving an agreed-to share of the proceeds of the litigation. It costs you nothing and it is risk-free to have General Patent evaluate your claim of patent infringement. Complete a Patent Infringement Inquiry or call us at 888-927-9273.