Oh No! What to Do if Someone Steals Your Patent

Inventing something new takes time and effort, so what happens if someone steals your idea and profits from it? Patent theft is a serious issue, but there are steps you can take to protect your rights. You can document evidence, send a cease-and-desist letter, or even pursue legal action. 

In some cases, negotiation or licensing may be an option. If the infringement continues, you may need to file a lawsuit or report the violation. To prevent future theft, consider monitoring competitors, securing international patents, and seeking legal guidance. Taking these steps can help safeguard both your invention and the hard work behind it.

Step 1: Ensure that your patent is actually being stolen

Ensure that your patent is indeed being infringed before doing anything. Patent infringement occurs when another person makes, uses, or sells your invention without your authorization. Also, make sure that your patent is active and on file at the USPTO Patent Public Search page. If it has expired or been abandoned, you can't legally enforce it. 

Locate the other party's product or process and compare it to your patent. Review the claims in your patent - these define what makes your invention novel. If their product works the same way and has the same function, it could be infringement. Even minor variances don't always safeguard them. If it's all the same, you probably have a solid case and can pursue legal action.

Step 2: Accumulate strong evidence

In order to establish patent infringement, you must have good evidence. The greater the amount of proof, the stronger your case will be. Here's what to gather:

1. Original patent documents: Collect your registration certificate, patent number, and official claims. They're records proving that your patent is operational and bound by the law. In their absence, court proceedings can't take place.
2. Photos, videos, or samples of the infringing product: Taking vivid photos or filming a video of the infringing product. If feasible, obtain a physical sample. This will allow you to show how similar or identical their product is, as compared to yours. Emphasize its unique features, mirroring your patent.
3. Advertising and sales records: Find advertisements or sales reports posted on the web or through any other medium showing that they're generating income from your invention. If they're selling it on the web or at retail locations, take snapshots of such postings. Such proof can be utilized to prove damages.
4. Witness statements: Get evidence in the form of testimony from employees, customers, or industry professionals who can witness the theft. If a person has witnessed or heard about the infringement, their words will substantiate your case.

The greater the amount of evidence you gather, the more solid your case will be. In addition, proper documentation will assist you in taking the appropriate legal action.

Step 3: Send a cease-and-desist letter

A cease-and-desist letter is a formal notification instructing the infringer to cease using your invention. It must have your patent number and registration information to establish your rights. It must clearly indicate how they're infringing your patent. 

In the letter, you must demand that they immediately stop using, producing, or selling your invention. Provide a timeframe for them to respond to allow them time to comply. Many times, this letter will be enough to terminate the infringement without filing a lawsuit.

Step 4: Attempt negotiation or licensing

If the other side is negotiable, you can try to settle the issue through negotiation. Instead of taking it to court, you can make a licensing proposal. They can use your invention legally, but they have to pay you a fee or provide you with a percentage of their profits. 

This can be a win-win proposal. They're able to keep selling the product, and you get fair compensation for your patent. Negotiation benefits both sides by saving time, money, and stress.

Step 5: Sue for patent infringement

If the infringer doesn't cease, you'll have to take legal action. You're able to sue in federal court to enforce your patent rights. The court will hear the case and rule on whether infringement took place. If you're successful, the judge can issue an order against the infringer to discontinue selling the product. 

The court can also give you monetary damages for any gains you lost because of the infringement. If the court finds the infringement to be willful, the infringer can be directed to pay further penalties as punishment. Lawsuits may be time-consuming and expensive, but occasionally, they're the only means to end patent theft and get your money back.

Step 6: Report the infringement

In the case of infringement by products imported from outside the US, you have the option to report to the International Trade Commission (ITC). The ITC can prevent infringing imports from entering the US by blocking them. This can avoid further harm to your business. If the infringement is occurring in the US, you can report the matter to the federal courts. Reporting to the relevant authorities can make your case stronger and prevent further violations.

Step 7: Consider future protection

To safeguard your patent against future theft, take the initiative. Here's what you can do:

1. Keep an eye on your competitors

Observe the market for new products that resemble yours. Look at industry publications, trade shows, and online ads to identify potential infringers in advance. The earlier you catch them, the better you can halt them.

2. Secure patents overseas

A US patent only gives protection to your invention within the United States. If you're going to sell in other countries, seek international patents. This stops others from replicating your invention and selling it outside of the US. You can utilize the Patent Cooperation Treaty (PCT) to apply in many countries simultaneously.

3. Consult an IP attorney

An IP lawyer can assist you in solidifying your legal safeguards. They can examine your patent, provide more effective phrasing, and advise you in case someone appropriates your idea. Having a lawyer simplifies the enforcement of your rights.

These actions will minimize the potential for future infringement and keep your invention secure.

No free rides on your hard work!

Patent theft is frustrating, but you've options. Collect solid proof, issue a cease-and-desist letter, and take legal action if necessary. If the problem persists, an IP lawyer can assist you through the process.

Need professional assistance? Trademarkia's PatentExpress streamlines protection for your patent. Our experienced patent lawyers can help you assert your rights and close down infringers in short order.

Don't wait - remain vigilant and respond promptly. Your invention is worth the best protection!

Additional resources

• When Does the Right to Enforce Patent Protection Begin​?
• How to Do a Patent Search: A Step-by-Step Guide

Glossary of legal terms

• Patent infringement: The unauthorized use, production, or sale of a patented invention.
• Cease-and-desist letter: A formal notice sent to an infringer demanding that they stop their unlawful actions.
• USPTO (United States Patent and Trademark Office): The government agency responsible for granting and managing patents in the US.
• ITC (International Trade Commission): A US agency that investigates and blocks the import of infringing products.
• Patent licensing: A legal agreement allowing another party to use a patented invention in exchange for payment.
• Patent Cooperation Treaty (PCT): An international treaty that allows inventors to file a single patent application for multiple countries.
• Damages: Financial compensation awarded to a patent holder for losses caused by infringement.
• Willful infringement: When someone knowingly violates a patent, leading to higher penalties in court.