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A patent is a government-granted monopoly right. The owner of a patent is the only person who can use, make, import, offer for sale, or sell a device or method that incorporates a part or a function described in the patent's claims. Anybody else who does those things, except under a license from the patent owner, may be liable for patent infringement.
If your invention is important to your business, entrust the drafting and prosecution to an experienced attorney with a strong engineering background. You're more likely to end up with claims that you can license profitably, or a patent that you can use to keep competitors out of your market segment. Patent litigation can come into your life from a couple of different angles. First, if you are a patent owner, you may want to use your patent to stop a competitor from knocking off your invention. A patent infringement lawsuit, or at least the threat of a lawsuit, is how you'd do it. And second, someone else who owns a patent may allege that your product or service infringes his patent, and demand that you take a license, or cease manufacturing or selling the product. Litigation is closer to traditional legal work, but patent infringement analysis is still a tricky area of law that demands both legal and technical expertise. The stakes in patent litigation are often very high: a patent owner may be able to shut down your business, or stop the production and sale of a whole product line. If you receive a Cease & Desist letter alleging patent infringement, or if you're served with a summons and complaint, contact an experienced patent attorney right away. The consequences of delay can be catastrophic. |