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.
What is a ‘patent’? A patent is a grant of a property right by the Government to the inventor. The United States Constitution provides for Congress to provide for patents to encourage useful inventions. The patent itself provides a detailed description of the invention, and how it is used or how to make it. Thus if you obtain a patent you can not keep the matter secret, which is the province of Trade Secret Law. A patent enables the owner to exclude others from making, using or selling the invention for the life of the patent.
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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