I have a patent. Someone else seems to be ripping me off. What can I do? Violation of your patent it is called an "infringement". You can go to the Federal Court and initiate a lawsuit to seek a restraining order and injunction to prevent or stop further infringement. You also can ask the court to seize and impound the allegedly infringing items or articles while the action is pending. If there was an infringement the articles can be destroyed. An infringer also would be liable for actual damages plus additional profits of the infringer or statutory damages. Further, an infringer could be held liable for injury to business reputation or the dilution in the value of the patent. You also can be awarded costs and attorneys' fees if you prevail.
Can I buy or sell patent rights? Yes, if you are an inventor you may assign all or part of your interest in the patent application or patent to anyone by a properly worded assignment. The patent application itself must be filed in the U.S. Patent and Trademark Office as the invention of the true inventor, however, and not as the invention of the person who purchased the invention from the inventor. Just as deeds to real estate should be recorded with the local county officials to protect the parties’ rights, patent assignments should be recorded in the Patent Office to give notice to the to the public and other potential purchasers.
A patent attorney is an attorney who has the specialized qualifications necessary for representing clients in obtaining patents and acting in all matters and procedures relating to patent law and practice, such as filing an opposition. The term is used differently in different countries, and thus may or may not require the same legal qualifications as a general legal practitioner. The titles patent agent and patent lawyer are also used. The latter is generally used only if the person qualified as a lawyer.
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