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Some may think that brilliant men like Thomas Edison and Nicolai Tesla are rare these days but I know better. As a matter of fact I have a friend who is a certifiable genius inventor, inventing things like an engine that runs on tap water and a device that increases gas mileage by nearly 40%.

The thing that the average person doesn’t realize is that the inventions generally do not come about as the result of a “eureka” moment with a light bulb image over their head! Real inventions come about from testing and experimentation and finding all of the methods that don’t work before finding the one that does.

I had a great idea about 20 years ago to sell bottled water, all my friends told me I was out of my mind. I listened to them and now someone is a billionaire and I am not. I am writing this article to make sure you don’t make the same mistake. If you happen to have one of those flashes of brilliance and you put together a design or plan for it, make sure it is patented. The correct way to go about this is to use a patent lawyer.

Patent lawyers are experts in their field and they can help you file a patent for an invention or an idea. That’s right, it doesn’t have to be a physical product, it can be just an idea. Now, don’t get carried away and think every idea you have is worth being patented. I am reasonably sure that if you were that brilliant you wouldn’t be sitting there reading my article right now! One of the things that you need to consider is whether your idea is marketable. The bottom line is that getting a patent costs money and if your idea isn’t going to make money there is no point in going any further.

The first step in the process of getting a patent is to have a patent search done to see if indeed your idea is truly as original as you think it is. You could do it yourself by going to the government website at uspto.gov but a good patent attorney can and will do a much better search and save you a lot of time and aggravation.

The next step, assuming that your search indicates that you do have a novel idea worth patenting, is to actually apply for the patent. There are two main types of patents, design and utility. If it is mainly the design that you are concerned with then you should choose that option. If you are more concerned about how the invention will function, then apply for a utility patent. There is also the consideration of how long you are protected. A utility patent is good for twenty years, while a design patent only lasts fourteen.

Obtaining a patent is not exactly inexpensive and you will have to come up with a good bit of money at the very beginning. However it may well be worth it. There are fees to the lawyer as well as filing fees to pay the government for applying for the patent. This is why it is so crucial that you do your research and make sure that the idea is something that can be profitable in the marketplace. In any case don’t go it alone, always seek out the professional help of a qualified patent lawyer. A good patent attorney will save you time, energy and many sleepless nights.

Gregg Hall is an author living in Navarre Beach Florida. Find more about this as well as patent attorneys at http://www.focusonip.com

Patent law is one of the most specialized branches of the law.

If you have been named in a patent infringement case or believe that you may have a case to pursue compensation and relief for patent infringement on a patent that you hold, a firm of experienced patent infringement lawyers is your best resource for information.

There are, however, a few principles of patent infringement litigation that are helpful to know. Among the most helpful to understand in building your case are the defenses to patent infringement that are most often used in patent infringement cases. The two basic defenses to a patent infringement lawsuit are non-infringement and invalid patent.

Non-infringement defense to patent infringement lawsuits:

In the first, the defendant tries to prove that their product or process does not infringe upon the existing valid patent for one or more reasons. It is usually the first line of defense to be considered. There is an infringement upon a patent when each “claim” in the patent is matched by an element of the infringing product. If the item that is claimed to be infringing does not match each of the claims in the patent, the case may be dismissed because no infringement exists.

In order to prove whether a device or process infringes upon the named patent, the judge or other examiner will first do a careful reading of the claims of the patent. Suppose the patent is for a device that has the purpose of extending the waistband of a skirt by means of an extension of fabric that is fitted with a buttonhole on one end of the extension and a button on the other.

A second company produces a product which consists of a fabric extension that has a buttonhole on one end, and three buttons at various points on the extension so that it can be adjusted to fit the waistband more accurately. The examiner must examine each of the “claims” made in the patent and then match them to the elements of the device in question. In this case, the examiner may find that patent infringement does exist because each of the claims in the patent is matched to an element in the infringing device, which is actually a modification of the patented process.

Invalid patent defense to patent infringement lawsuits
The other most common tack in patent infringement lawsuits is an attempt to invalidate the patent on one or more grounds. In order for there to be a judgment of infringement, their must exist a valid patent; it must be in force at the time of the alleged infringement; and it must meet all the conditions for obtaining a valid patent.

While one might assume that the very issuance of a patent would substantiate its validity, that’s often not the case. There are a number of things that might invalidate an existing patent.

1. A prior art or novelty search may turn up descriptions or depictions of the patented application that existed before the date of invention. In this case, the patent may be invalidated because the application or item was not the first depiction of the device. The description or depiction must give enough detail that a person of “reasonable skill” could make or work the device based on that description.

2. The defense may hold that the patent is for a use or device that would have been obvious to anyone with reasonable knowledge or skill. If obviousness can be proved, then the patent may be invalidated and no infringement can have taken place.

3. The defense may charge that the patent holder did not exercise diligence in pursuing the patent application process. Most often, this charge will be brought if the patent’s original application was outside the grace period allowed after publication of the patented idea or device.

4. The defense may argue that the subject of the patent is not a suitable subject for patenting.

Those are the most commonly claimed grounds to invalidate a patent in patent infringement cases, but there are many other grounds which could be used to defend against a charge of patent infringement.

In addition, the interpretation of patent law and the definitions of the elements of patent law frequently undergo changes during the course of court cases. As the number of patent infringement cases continues to mount, new defenses are being tried and old ones struck down.

If you are involved in a patent infringement lawsuit or are considering one yourself, it’s important to have an experienced professional on your side.

Consult a law firm that specializes in patent infringement cases to get a thoughtful and realistic evaluation of your chances.

Nick Johnson, lead counsel and founding partner of Johnson Law Group, represents individuals or companies with cases involving patent infringement. Call 1-888-311-5522 today or visit http://www.johnsonlawgroup.com for a free case evaluation.

Regardless of the size of your business operation, whether you are a large corporation or a single entity on your own, inventing new product enhancements and new products requires a lot of work. It takes energy, creativity, motivation, intelligence, time, money, and failure. This is why it is important to patent your ideas and protect them with patent laws. This is also why patent infringement is more than just a financial threat - it’s insulting your work and your abilities, the equivalent to cheating on an exam - someone steals your ideas and makes them their own. It is important to protect yourself from this which is one of the fastest growing ‘white collar’ crimes in the United States.

There are a few different measures that you can take to protect yourself from this, although these steps may differ significantly depending on where you work, who you work for and the type and size of the business. If you work for yourself the best way to protect yourself is to hire a patent infringement attorney.

A patent infringement lawyer can lead you through the steps of the process needed to protect you. Lawyers are experts in this arena of delicate and intricate laws and having a lawyer on your side can help to protect you from patent infringement. You will need a lawyer through all the stages of development, registering your patent and then creating and marketing the product.

While hiring a lawyer can not guarantee that you won’t be a victim, but a lawyer can help reduce the chances of you being victimized. Also, a patent infringement lawyer can launch a legal case for you that is much more prosecutable if you are robbed of your patent rights.

Patent laws and what constitutes the violation of those laws is what a lawyer specializes in - they have the resources to discover patent violations and to help prevent them, resources that average individuals do not have access to. If you’ve hired a patent infringement lawyer, then it’s best to heed their advice to the letter - they know what they are talking about having studied the intricate patent laws of the country. Not following your lawyers’ advice can land you in a pile of trouble and in the middle of your own patent infringement lawsuit, either as a victim or as a perpetrator.

Regardless of the ’size’ or caliber of the infringement, it is always necessary to consult your attorney before proceeding. Any ’size’ or level of infringement is prosecutable in a court of law. Your lawyer’s job is to prevent you from infringing on someone else’s patent, and to help keep your patent from being infringed upon - not taking their advice, which you are paying them to give you, could be complete suicide for your product and your business.

When you are choosing a lawyer, it is necessary to interview them to ensure that they understand the industry that you work in, and that your product is being created for. They should have enough knowledge of the industry to help you create the new invention without infringing on other patent rights and to help you maintain your patent rights for the product as you produce it.

Hiring a patent infringement lawyer has a two-fold job - to keep you from violating other patent rights and laws as your product is created and to keep others from violating your patent rights. The lawyer that you hire should have a firm knowledge of the industry for which your product is intended, even a ‘little bit’ of knowledge can go a long way for a lawyer.

Your lawyer should also have a support staff that can research and find the information they will need to help you with the process of patent safety. Having access to the knowledge that they will need is just as important as already having a firm knowledge of the industry. Lawyers have incredible research capabilities between themselves and their staff, as well as their position and access to the courts and documents. It’s important to remember that a lawyer can get documents that you, as an individual and business owner, can not.

Find a skilled patent infringement lawyer to help you protect your business, both as a perpetrator and a victim. Hiring a lawyer before you begin production can literally save you millions of dollars and can help protect your name, reputation, business and assets.

Nick Johnson, lead counsel and founding partner of Johnson Law Group, represents individuals or companies with cases involving patent infringement. Call 1-888-311-5522 today or visit http://www.johnsonlawgroup.com for a free case evaluation.

One of the questions that patent holders may have is “who can be sued in a patent infringement lawsuit?” By law, any person who makes, uses, offers or sells something that is protected by a current patent, or who imports into the United States anything that is protected by a current patent, is guilty of patent infringement. Likewise, anyone that makes, uses, offers or sells any product or process that intentionally contributes to it is guilty of infringement as well. Finally, anyone who induces any action that infringes upon a current patent is guilty.

If a company makes a new product that infringes upon an existing and in force patent, it is infringing upon that patent and can be sued. If a company creates a product that relies on a patented process without the permission of the person owning that patent, they are guilty and can be sued. In addition, the law can be interpreted to extend to any store or company that sells a product or process that is protected by a patent, as well as anyone who purchases and uses that product or process.

In other words, if AB Electronic Games were to create a new game system that used as part of its design the joystick that is patented by YZ Game Company, AB Electronic Games may be infringing upon YZ’s patent and can be sued for that infringement.

Likewise, if YZ Game Company had patented a process that only allowed its games to be played on a game system manufactured by them, and AB Company came along and made an adapter using that process so that YZ’s games could be played on any game system, they could be opening themselves to a patent infringement lawsuit. In addition, YZ Game Company would be within its rights to sue every retailer that sold AB’s games or adapter, and every single person that used one of AB’s games or adapters.

In reality, however, it’s seldom practical to sue individuals who buy or use a product that infringes upon another’s patent. Most patent owners will choose to sue the manufacturing company, the inventor or the importer of the product. Some judges will disallow patent infringement lawsuits against certain classes of defendants for various reasons. In many cases, the laws which cover these lawsuits and their interpretation vary from jurisdiction to jurisdiction. Determining who can and should be sued, and on what grounds they can be sued is not always easy for a layman. Even lawyers who don’t specialize in patent infringement law may find it difficult to determine who can actually be sued in a particular instance.

Experienced patent infringement lawyers understand the current case law and how the U.S. Patent laws have been applied in patent infringement cases throughout the years. This is more true today than ever before, with the number of patent infringement lawsuits increasing with each passing year. Decisions that have been handed down in cases over the past five to ten years have opened the existing patent laws to new interpretations that can be utilized in a lawsuit by experts in the field.

If you are considering a patent infringement lawsuit or believe that your rights as a patent holder are being infringed upon, it’s important to consult with a law firm of patent infringement lawyers who are familiar enough with the current case law and interpretations to evaluate your case on its merits. A good attorney can not only help you determine who can be sued for infringing upon your patent, but may see grounds for a suit that you or a less experienced lawyer might not recognize.

This is a matter that the courts take very seriously. If your invention is being used in whole or in part by someone else who does not have your permission, your rights as a patent holder are being infringed upon. When you bring a successful suit against the infringer, you may be able to:

- Stop future infringements when a judge orders an injunction against further use, sale or offer of the infringing invention or product
- Recover the cost, which may include projected future profits lost due to the infringement
- Recover certain litigation costs
- Recover attorney’s fees
- Be awarded punitive damages that may amount to triple the judgment for actual damages

A law firm that specializes in this kind of litigation is the best judge of whether you have a good case of patent infringement. If you believe that your patent rights are being infringed upon, contact a patent infringement lawyer for a consultation to evaluate your case for a lawsuit.

Nick Johnson, lead counsel and founding partner of Johnson Law Group, represents individuals or companies with cases involving patent infringement. Call 1-888-311-5522 today or visit http://www.johnsonlawgroup.com for a free case evaluation.

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