What are your enforcement rights as a patent holder?
As stated in the federal law that covers U.S. Patents, a patent is “a grant to the patentee ... of the right to exclude others from making, using, offering for sale, or selling the invention...”. A patent has nothing to do with the patent owner’s right to practice (use the patented invention in a product or service it offers for sale) or not practice the patented invention. A patent is only the right to exclude or prevent others from using the patented invention, and the right to enforce the patent when patent infringement occurs.
Patent enforcement is complex and expensive
Patent enforcement is very complex and very expensive. The burden to prove infringement is on the patent holder, and the cost of litigation is prohibitively high if you are not a major corporation prepared to spend hundreds of thousands, maybe even millions, of dollars. When the patent infringer is a large corporation with deep pockets, it has significant advantages over the small business patent owner. That’s why businesses need a well-financed champion that can finance the costs of a patent infringement lawsuit.
Pursuing patent infringers
Professional counsel and advice is critical if you want to successfully enforce your patent. Many business owners and executives contact a patent attorney, but most patent attorneys focus on just patent prosecution (the process of applying for a patent). When it comes to the enforcement of a patent, you need an organization that specializes in patent enforcement and has considerable expertise and experience in patent litigation. You also need a champion that will put the same time and effort into understanding the nuances of the infringement of your patent as you initially put into the development of your invention!
We are serious about patent enforcement
General Patent Corporation specializes in patent enforcement on a 100% contingency basis. We’ve been enforcing patents for businesses for more than twenty years. Our in-house team of patent litigators, licensing experts and negotiators make it their business to understand your business and your patent. We develop a unique patent enforcement strategy for each and every business we represent, and we aggressively and relentlessly pursue your patent infringement claim, putting whatever resources are needed into the patent enforcement effort.
Patent enforcement results for our clients
General Patent has consistently produced winning settlements for the businesses we’ve represented. In fact, we’ve never failed to either reach a negotiated settlement for a client or win our client’s patent enforcement lawsuit at trial! That’s why so many businesses turn to General Patent to champion their cause!
No expenses on your part
If we offer to manage and finance a patent enforcement campaign on your behalf, you pay us nothing. We invest in whatever resources are needed – both internal manpower and outside experts and consultants – to aggressively try your patent assertion claim. We are only paid when we produce positive results for you, the patent owner – a negotiated settlement, licensing fees or royalties for the use of your patent, or victory after a trial!
Possible patent enforcement outcomes
We do not necessarily focus on getting you your “day in court” because going to trial may not be the wisest strategy. While we are always prepared to go to trial and have a jury hear the case, we can often negotiate a license with the infringer under which you receive payment for past use of your business’s patent plus royalties for its future use. If your business practices the patent (produces a product that uses your patent), we may be able to get you compensation for lost profits. And we may be able to collect additional damages if we can prove the infringer acted willfully in the infringement of your business’s patent.
Enforcing your patent
If you’d like us to review your business’s patent infringement claim – and do so at no cost or obligation – you need to complete a Patent Infringement Inquiry. The GPC team will review the information you provide. If we determine that your patent has been infringed and enforcement of the patent is economically viable - and you decide to have us management and finance a patent enforcement effort on your behalf - we will develop a unique patent enforcement strategy for your specific situation. If you have questions, call us at 888-927-9273.