Navigating the Patent Process

Note: Links to our free templates are at the bottom of this long guide.
Also note: This is not legal advice

Introduction

Navigating the patent process can be complex and requires a deep understanding of the legal system. Obtaining patent protection is an essential step in the innovation process, as it provide exclusive rights to inventors and business owners to protect their inventions from unauthorized use. It is thus crucial to have a qualified expert who can assess the patentability of your invention, help craft a tailored patent application and guide you through the USPTO process for filing a claim.

Once approved, your invention will be protected by an exclusive right that prevents others from making, using, selling, or importing it without permission. This right can be used to keep competitors from copying your product or using your process - something which often attracts investors and partners who want reassurance that their investment is secure against any infringement.

At Genie AI we believe everyone deserves access to high quality legal documents regardless of budget constraints - this is why we offer free templates that teach our AI what a market-standard patent looks like and provide users with a community template library so anyone can draft and customize documents without having to pay for lawyers’ services. Our step-by-step guidance will help you navigate this complex area of law so you too can access this exclusive right to protect your product or process - read on below for more information on how to get started with our template library today.

Definitions

Utility Patents: A type of patent that is used to protect inventions that are novel, useful, and non-obvious.
Design Patents: A type of patent that is granted for the design of a functional item.
Plant Patents: A type of patent that is granted for a novel and non-obvious asexually reproduced variety of a plant.
Novelty Search: A research tool used by inventors to determine if their invention has already been patented.
Prior Art: All existing information related to an invention that is publicly available before the filing date of a patent application.
Specification: The most important part of a patent application. It must include a written description of the invention, as well as any drawings or diagrams necessary to understand the invention.
Claims: The most important part of a patent application. They define the scope of the invention and provide a definite boundary for the patent’s protection.
Oath or Declaration: A document that must be submitted with the patent application. It must include the inventor’s name and address, as well as a statement that the inventor believes they are the first and original inventor of the invention.
Information Disclosure Statement: A document that must be submitted with the patent application. It must include a list of any information related to the invention that is publicly available.
Filing Basis: The type of application being filed when submitting a patent application to the USPTO.
Filing Fee: The fee for a patent application that must be calculated in order to submit the application.
Office Action: A formal notice from the USPTO that requests additional information or makes an objection to a patent application.
Patent Attorney: A lawyer who specializes in patents and can help to understand office actions and determine the best course of action.
Rejections: Notices issued by a patent examiner that the patent application does not meet the requirements of patentability.
Final Rejection: A notice from the USPTO that the patent application does not meet the requirements of patentability.
Appeal: The legal process used to challenge a final rejection of a patent application.
Post-Examination Proceedings: Various proceedings that can be used to obtain patent protection for an invention.
Re-Examination: A process of requesting a re-examination of a patent application to ensure that the patent application meets the requirements of patentability.
Maintenance Fees: Fees due at specific intervals after a patent is granted in order to keep the patent in force.
Enforce Patents: Protect the rights granted by the patent by monitoring for infringement and considering legal action if necessary.

Contents

1. Understanding the Different Types of Patents
2. Utility Patents
3. Design Patents
4. Plant Patents
5. Researching Existing Patents
6. Conducting a Novelty Search
7. Examining Patents in Your Field
8. Understanding Prior Art
9. Preparing the Patent Application
10. Drafting the Specification
11. Drafting the Claims
12. Preparing Drawings
13. Preparing the Oath or Declaration
14. Preparing the Information Disclosure Statement
15. Submitting the Application to the United States Patent and Trademark Office (USPTO)
16. Selecting the Appropriate Filing Basis
17. Calculating the Filing Fee
18. Submitting the Application
19. Responding to Requests for Information
20. Understanding Office Actions
21. Determining When to Consult Patent Attorney
22. Preparing a Response
23. Managing the Patent Prosecution Process
24. Understanding the Status of Your Application
25. Keeping Up with Deadlines
26. Responding to Office Actions
27. Determining When to Abandon the Application
28. Navigating the Patent Examination Process
29. Understanding the Examiner’s Evaluation
30. Understanding the Different Types of Rejections
31. Analyzing a Final Rejection
32. Considering Whether to Appeal
33. Navigating Post-Examination Proceedings
34. Understanding the Different Types of Post-Examination Proceedings
35. Considering Whether to Request re-Examination
36. Understanding the Appeal Process
37. Understanding Patent Maintenance Fees
38. Understanding When to Pay Maintenance Fees
39. Understanding the Different Types of Maintenance Fees
40. Calculating the Maintenance Fee Amount
41. Submitting the Maintenance Fee Payment
42. Understanding Patent Enforcement
43. Understanding How to Enforce Patents
44. Monitoring Patent Infringement
45. Understanding Patent Litigation
46. Considering Non-Litigation Solutions to Patent Infringement

Get started

Understanding the Different Types of Patents

• Learn about the different types of patents available, including design, plant, and utility patents.
• Research the requirements for each type and decide which type of patent is best for your invention.
• Understand the differences between provisional, non-provisional, and international patents.
• Research if you can use the same patent for multiple countries.

Once you have a good understanding of the different types of patents and determine which type is the best fit for your invention, you can check this step off your list and move on to the next step.

Utility Patents

• Understand the difference between a utility patent and a design patent
• Research and identify the invention that you would like to patent
• Determine eligibility for the utility patent
• Prepare a patent application
• Submit the application to the USPTO with the required fees
• Respond to Office Actions
• Negotiate and secure a patent
• Once the patent is approved, you can check this off your list and move on to the next step, Design Patents.

Design Patents

• Understand the basics of a design patent: a design patent covers the ornamental design of a useful article (the look and aesthetic of the item, not its functional features)
• Identify the elements of your design that you want to protect: a design patent application must include a detailed description and drawings of the design you want to protect
• Prepare and submit your design patent application: this should include drawings, a written description, and a claim of the design you want to protect; you should also submit a fee for the application
• Monitor the progress of your design patent application: you can check the status of your application online
• You’ll know you can check this off your list when you receive a Notice of Allowance from the USPTO, at which point you’ll need to pay a fee to issue the patent.

Plant Patents

• Determine whether the plant can be patented. Generally, plants that are novel, distinct, and stable can be patented.
• Conduct a patent search to determine if the plant has already been patented and to understand the scope of the patent.
• File a plant patent application with the US Patent and Trademark Office.
• If a patent is granted, you will receive a Notice of Allowance from the US Patent and Trademark Office.
• Pay the issue fee to receive the patent.

When you can check this off your list and move on to the next step:
Once you have paid the issue fee and received the patent, you can move on to the next step in the patent process, which is researching existing patents.

Researching Existing Patents

• Start by searching the USPTO’s patent database for relevant patents
• Utilize the search bar to narrow down to relevant fields and patent classes
• Be sure to review the detailed information included in each patent, such as the inventor, date of filing, and abstract
• Check the expiration date of each patent, as this will inform how long the invention is protected
• When you have a good sense of the existing patents, you can move on to the next step of conducting a novelty search.

Conducting a Novelty Search

• Identify keywords related to your invention
• Search for related patents in the USPTO databases
• Evaluate the results to determine if your invention is novel
• Confirm that the features of your invention are not found in any existing patents
• When you can confirm that your invention is novel, you can check this step off your list and move on to the next step of examining patents in your field.

Examining Patents in Your Field

• Look through the patents that have been filed in your field of interest to get an idea of what has already been patented
• Read the claims section of the patents that have been issued to understand what exactly is claimed
• Make a list of the patents that are relevant to your invention and their claims
• Make sure to review the patents that have been filed by your competitors
• Once you have looked through the patents and have a better understanding of what has already been patented in your field, you can move onto the next step in the patent process.

Understanding Prior Art

• Research existing patents and published patent applications related to your invention
• Read through patent claims to determine if your invention is novel compared to the prior art
• Identify any similar inventions and look for any differences between your invention and the prior art
• When you’re confident that your invention is novel compared to the prior art, you can then move on to the next step: Preparing the Patent Application.

Preparing the Patent Application

• Gather all the information necessary to complete the patent application, such as invention details, drawings, and any related documents
• Determine the best filing strategy and the type of patent application that best suits your invention
• Conduct a search to identify any prior art that might affect the patentability of your invention
• File a provisional patent application to secure a priority date
• When you have all the necessary information and have filed the provisional patent application, you can move on to the next step.

Drafting the Specification

• Gather all research and information about the invention
• Identify the purpose and function of the invention
• Describe the invention in detail
• Provide drawings or diagrams of the invention, if applicable
• Accurately document the invention and its elements
• When you have completed the specification, you will have a complete understanding of the invention and can move on to drafting the claims.

Drafting the Claims

• Understand the purpose of patent claims and the basic requirements of a claim
• Brainstorm and draft as many ideas as possible to incorporate into the claims
• Study the existing prior art to identify potential claim elements
• Draft independent claims for each aspect of the invention
• Review the application for clarity, accuracy and completeness
• When finished, submit the application to the patent office for review
• You will know you are finished with this step when you have submitted the application to the patent office for review.

Preparing Drawings

• Use a professional draftsperson to create the drawings, as they must adhere to legal standards set forth by the USPTO
• Drawings should be in black and white, and should be clear, detailed, and accurate
• Submit drawings in PDF format to the USPTO
• Once the drawings have been submitted, you can move on to the next step, preparing the Oath or Declaration

Preparing the Oath or Declaration

• Read the USPTO’s instructions on filing an oath or declaration
• Make sure applicant is the inventor of the patent
• Obtain signature from the inventor
• Sign the oath or declaration yourself as the patent practitioner
• File the oath or declaration with the USPTO
• After the USPTO reviews and approves the oath or declaration, you will receive a filing receipt as confirmation that you have completed this step
• Move on to the next step, which is preparing the information disclosure statement

Preparing the Information Disclosure Statement

• Gather any and all information you have that is related to the patent application. This includes any prior patents or published applications, as well as any other research, drawings, and other material that could be related.
• Pull together any references to prior art or other related material that you are aware of.
• Assemble all of this information into one document, which is known as the Information Disclosure Statement (IDS).
• Submit the IDS to the USPTO with your patent application.
• You will know that you have completed this step when you have submitted the IDS to the USPTO along with your patent application.

Submitting the Application to the United States Patent and Trademark Office (USPTO)

• Use the USPTO’s online filing system, EFS-Web, to submit the application.
• Create an online USPTO account if you do not already have one.
• Follow the instructions to upload all necessary documents and information.
• Pay the appropriate fee.
• Once your application is accepted, you will receive a receipt via email.
• The USPTO will also issue an official filing date for your application, which will be noted on the receipt.

Selecting the Appropriate Filing Basis

• Gather all the necessary information needed to select the appropriate filing basis, such as the exact name of invention, type of invention, and the applicant.
• Determine if the invention meets the criteria to be granted patent protection.
• Decide which of the four filing basis is the most suitable for the application: Utility, Design, Plant, or Provisional.
• Consult a patent attorney or agent to further understand the filing basis and the implications of each.
• Make sure to review the detailed filing requirements of the selected filing basis.
• When you have selected the filing basis that best suits your invention and you have reviewed the filing requirements, you can move on to the next step of calculating the filing fee.

Calculating the Filing Fee

• Research the fee schedule for patent filing fees, which is available on the US Patent and Trademark Office’s website.
• Calculate the fees you will need to pay to file the application.
• Determine if there are any discounts or special pricing available to you (e.g. small entity fee or micro-entity fee).
• When you have calculated the fees you need to pay, you can move onto the next step of submitting the application.

Submitting the Application

• Gather all of the required information to complete the patent application.
• Submit the application and the fee to the USPTO.
• Receive a filing receipt as confirmation that the USPTO has accepted the application.
• Monitor the USPTO website for official communication regarding the patent application.
• You will know that you can move on to the next step when you have received the filing receipt from the USPTO.

Responding to Requests for Information

• Carefully review all requests for information from the USPTO and respond promptly and completely
• If you miss the deadline, you may be required to pay an additional fee or your application may be abandoned
• Make sure to provide documentation in the form of drawings, amendments, or declarations when requested
• When you’ve responded to all requests for information, you’ll receive a notice from the USPTO indicating that your application is ““in condition for allowance”” and you can move on to the next step of understanding office actions.

Understanding Office Actions

• Understand what an Office Action is: an official document from the patent office that communicates its decision on a patent application
• Know how to read the Office Action: look for the Final Rejection to see if there are any deficiencies or rejections you must address
• Understand the nature of the rejection: read the reasons for the rejection and determine what needs to be done in order to move forward
• Make sure to meet the required deadlines: if the deadline for responding to the Office Action is not met, the patent application may be deemed abandoned
• Know when to consult a patent attorney: if the rejection is complex or contains new information, it may be wise to consult a patent attorney to ensure that you are better prepared to respond to the Office Action

You can check this off your list and move onto the next step when you have read and understand the Office Action and know how to respond to any rejections or deficiencies that are listed.

Determining When to Consult Patent Attorney

• Consult a patent attorney when you are unsure of how to respond to an Office Action or if you need help understanding the language of the office action.
• After consulting a patent attorney, you will have a better understanding of what steps to take in order to move forward in the patent process.
• Once you have a plan of action from the patent attorney, you can check this step off your list and move on to the next step: Preparing a Response.

Preparing a Response

• Collect all relevant information, such as a copy of the patent application and any related documents
• Gather information about the invention, including drawings, diagrams and/or other data
• Prepare a response that explains why the invention is eligible for a patent
• Carefully review the response to ensure that all relevant facts are presented in a clear and concise manner
• Once the response is complete, submit it to the patent office
• You will know that you have completed this step when you have submitted your response to the patent office

Managing the Patent Prosecution Process

• Monitor the patent office’s timeline for your application and communicate with the examiner as needed
• Understand the patent office’s requirements for prosecution, such as deadlines and response requirements
• Research and respond to any office actions or objections raised by the examiner
• Adjust and refine your claims as needed to ensure they meet the examiner’s requirements
• File all necessary documents, forms, and fees in a timely manner
• When the examiner allows your patent application, you can move on to the next step.

Understanding the Status of Your Application

• Monitor the USPTO’s website for your application status updates
• Check the status of your application regularly to ensure it is progressing as expected
• Understand the different stages of the patent prosecution process and what each stage means for you
• Contact your patent attorney to understand the impact of any decisions that may be made during the prosecution process, such as an office action
• Familiarize yourself with any applicable deadlines and ensure you are meeting them
• Know when you can check this step off your list and move on to the next step by keeping an eye on your application status and understanding when deadlines are approaching.

Keeping Up with Deadlines

• Monitor the USPTO website or a private patent monitoring service to stay up to date on the status of your patent application
• Set up alerts to notify you of any changes or updates to your application
• Make sure to respond to any office actions or notices within the deadlines provided by the USPTO
• Keep track of your deadlines and respond to any changes in a timely manner to maintain the progress of your patent application
• Once all the deadlines have been met and all actions have been taken, you can move on to the next step in the patent process.

Responding to Office Actions

• Read the Office Action thoroughly and make sure to understand the reasons for rejection
• Respond to each rejection point with arguments or evidence justifying why the patent should be granted
• Submit the response along with any supporting documents, fees and/or amendments
• Monitor the status of your application to see if the response is accepted or if the examiner issues a new Office Action
• You can check this off your list when the examiner accepts your response or no new Office Action is issued by the examiner within the time limit.

Determining When to Abandon the Application

• Understand all the costs associated with pursuing your patent, including the cost of responding to office actions, and weigh that cost against the potential benefit of obtaining a patent.
• Consider the potential impact of the patent’s claims on the current market and potential competitors.
• Research the current and future marketability of the invention and the corresponding potential for generating revenue.
• Evaluate the potential for success in obtaining a patent.
• Determine whether the invention is still relevant in the market.

When you have completed this step, you will have a clear understanding of whether the costs and benefits related to pursuing a patent are worth it. This should provide you with the information to make an informed decision on whether to abandon the application or move forward with the patent examination process.

Navigating the Patent Examination Process

• Become familiar with the type of patent you are seeking, and the relevant rules and regulations of the patent office.
• Learn how to research prior art to determine if your invention is novel and not obvious to someone skilled in the area of technology.
• Learn the process of how an examiner will review and evaluate your application.
• Understand the types of objections and rejections that can be issued by the examiner, and how to address them.
• Prepare a response to any objections or rejections that may be issued.
• Submit any additional information or amendments needed to address the objections or rejections.

You’ll know when you can check this off your list and move on to the next step once your response to the examiner has been accepted and the application proceeds to the next stage of the examination process.

Understanding the Examiner’s Evaluation

• Understand what types of rejections may be issued during the examination process
• Read the examiner’s evaluation of your patent application carefully
• Consider the examiner’s rejections objectively and determine the best way to respond
• Draft an appropriate response to the examiner’s rejection, addressing each of the points raised
• Submit the response to the examiner for review
• When the examiner has accepted your response, the evaluation process is complete and you can move on to the next step

Understanding the Different Types of Rejections

• Understand the different types of rejections that the examiner may issue:

• Non-Statutory Rejection: This type of rejection is issued when the examiner does not believe that the claims of the patent meet the legal requirements for patentability.
• Obviousness Rejection: This type of rejection is issued when the examiner believes that the claimed invention is obvious, based on prior art.
• Prior Art Rejection: This type of rejection is issued when the examiner believes that the claimed invention is already known, based on prior art.

• Understand the different types of rejections the examiner may issue based on those criteria:

• Lack of Novelty: This type of rejection is issued when the examiner believes that the claimed invention lacks novelty, based on prior art.
• Lack of Utilization: This type of rejection is issued when the examiner believes that the claimed invention lacks utility, based on prior art.
• Indefiniteness: This type of rejection is issued when the examiner believes that the claimed invention is indefinite, based on prior art.

• When you are able to understand the different types of rejections that the examiner may issue and how to respond to them, you can check this step off your list and move on to the next step.

Analyzing a Final Rejection

• Read the rejection letter thoroughly, noting any and all reasons for the rejection
• If the rejection letter is confusing, contact the USPTO for clarification
• Consider if the rejection is valid and if the patent can be amended to overcome the rejection
• Research similar patents to see if the invention is patentable under the current laws
• Consult with a patent attorney to determine the best course of action
• Once you have a clear understanding of the rejection and the chances of overcoming it, you can decide if you would like to pursue it further or let the rejection stand
• If you decide to pursue it further, you can either appeal the rejection or amend the patent application
• Check this step off your list when you have decided whether or not to appeal the rejection or amend the patent application.

Considering Whether to Appeal

• Carefully consider the evidence and arguments used in the rejection and decide if filing an appeal is the best action to take
• Consider the cost of appealing versus the potential reward
• Speak to a patent attorney to discuss the merits of filing an appeal
• When you have made a decision and taken the necessary steps to appeal (or not appeal), you can check this step off your list and move on to the next step.

Navigating Post-Examination Proceedings

• Understand the different types of post-examination proceedings, such as ex parte reexamination, inter partes review, and post-grant review
• Determine which type of post-examination proceedings is most appropriate for your needs
• Research the cost and timeline associated with each type of post-examination proceedings
• Identify the necessary documents and forms that are required to initiate the post-examination proceedings
• File the documents and forms with the appropriate government office
• Monitor the progress of the post-examination proceedings
• You will know when you have completed this step when you have filed the necessary documents and forms with the appropriate government office.

Understanding the Different Types of Post-Examination Proceedings

• Understand the three different types of post-examination proceedings: re-examination, ex parte appeal, and inter partes review
• Know the differences between the types of proceedings, such as the timing, cost, and evidence allowed
• Determine which type of post-examination proceeding is most appropriate for your application
• Determine the timeline for the proceeding, including the timeline for filing a request for the proceeding and the time for the Patent Office to respond
• Gather any evidence required to support your position
• When you have completed the steps above and understand the types of post-examination proceedings, you can move on to the next step in the patent process.

Considering Whether to Request re-Examination

• Review the suggested post-examination proceedings available to you
• Determine if a Request for re-Examination is the best option for the specific circumstances of your patent application
• Consider potential benefits of filing a Request for re-Examination
• Analyze the potential risks associated with filing a Request for re-Examination
• Research the requirements for filing a Request for re-Examination
• When you are ready to move forward and make a decision, consult a patent attorney to discuss the best course of action
• Once you have decided on a course of action and filed the Request for re-Examination, your task is complete and you can move to the next step in the patent process.

Understanding the Appeal Process

• Understand the different grounds for appeal and the requirements for each
• Review the USPTO procedures for appeals
• Prepare a brief to be filed with the USPTO Board of Patent Appeals and Interferences
• Submit the brief and the fee to the USPTO
• Monitor the progress of the appeal

You’ll know you can check this off the list and move on to the next step when the USPTO has accepted your brief and fee and has assigned it to a board member.

Understanding Patent Maintenance Fees

• Research and understand the patent maintenance fees for your country or jurisdiction
• Understand the different fees for different types of patents
• Look for official websites, such as the USPTO, for information about fees and payment schedules
• Check on the length of the patent and if there are any deadlines for paying fees
• Use a patent attorney or patent agent to help you understand the fees and the payment process
• Once you’ve researched and understood the maintenance fees, you can move on to the next step in the patent process.

Understanding When to Pay Maintenance Fees

• Research the applicable time frames for your patent’s maintenance fees according to the country in which you filed it
• Contact your patent attorney to make sure you are aware of any applicable deadlines
• Pay the necessary fees before the deadlines to keep your patent in good standing
• Check your records to make sure all maintenance fees have been paid
• Once you have verified all necessary maintenance fees have been paid, you can move on to the next step in the patent process.

Understanding the Different Types of Maintenance Fees

• Learn what types of maintenance fees are required to keep a patent in effect:
• Non-Provisional Utility Patent Application: A filing fee and issue fee must be paid
• Provisional Utility Patent Application: A filing fee must be paid
• Design Patent Application: A filing fee and issue fee must be paid
• Understand the differences between the types of maintenance fees:
• Non-Provisional Utility Patent Application: Filing fee is paid at the time of filing and the issue fee is paid when the patent is granted
• Provisional Utility Patent Application: The filing fee is paid at the time of filing and does not need to be renewed
• Design Patent Application: Filing fee is paid at the time of filing and the issue fee is paid when the patent is granted
• Once you understand the types of maintenance fees required and the differences between them, you can move on to the next step of calculating the maintenance fee amount.

Calculating the Maintenance Fee Amount

• Determine the filing date of the patent application and the filing date of the patent
• Calculate the total number of years between the filing date and the issue date of the patent
• Access the schedule of patent maintenance fees set by the U.S. Patent and Trademark Office
• Calculate the maintenance fee amount for each year of the patent
• Multiply the number of years of the patent by the amount of the maintenance fee
• Add the total amount of the maintenance fees for all years of the patent
• Check that the calculated maintenance fee amount is correct

How you’ll know when you can check this off your list and move on to the next step: When you have calculated the total maintenance fee amount for the patent, you can move on to the next step of submitting the maintenance fee payment.

Submitting the Maintenance Fee Payment

• Contact the USPTO to register a payment account
• Log in to the USPTO Payment Services portal and select ““Maintenance Fee””
• Submit the payment amount and enter the patent number and associated fee
• Print out the confirmation page and keep it for your records
• You will know the payment is successful when you receive an email confirmation from the USPTO.

Understanding Patent Enforcement

• Understand the difference between patent infringement and patent enforcement
• Learn the various ways to enforce your patent rights
• Research the patent laws in your jurisdiction to determine the most effective ways to enforce your patent rights
• Seek legal advice if necessary

Once you have an understanding of patent enforcement, you can move on to the next step.

Understanding How to Enforce Patents

• Research and understand the different strategies for enforcing patent rights, such as litigation and licensing
• Have a clear understanding of the costs and time involved in enforcing a patent
• Familiarize yourself with the patent laws in the countries where the patent may be enforced
• Take into account the potential risks associated with enforcing a patent
• Make sure you have a reliable legal team to help you enforce your patent
• Understand the long-term implications of enforcing a patent
• Once you feel comfortable with the above steps, you can move on to the next step of monitoring patent infringement.

Monitoring Patent Infringement

• Know the limitations of monitoring patent infringement and the costs associated
• Monitor online marketplaces, websites, public databases, and relevant industry publications for potential infringement
• Research and investigate any potential infringement of your patent rights
• Monitor patent applications and granted patents to ensure your patent is not being infringed upon
• Check if any third party is using your patent without permission
• Understand the laws and regulations of the country in which you are monitoring patent infringement
• Keep detailed records of potential infringers
• Investigate the extent of potential infringement

You can check this off your list and move on to the next step when you have a clear understanding of the limitations, costs, and laws associated with monitoring patent infringement, and when you feel confident that you have identified any potential patent infringement.

Understanding Patent Litigation

• Understand the legal implications of patent infringement, as well as the associated risks
• Research the cost and timeline associated with a court case, as well as the potential outcome
• Identify and engage qualified patent attorneys and other legal professionals to assist with the patent litigation process
• Follow the guidelines laid out by the applicable court system and local laws
• Monitor the progress of the case and the court proceedings
• When the case has been decided, evaluate the outcome and determine next steps

Once you have completed the above steps, you can move on to the next step in the patent process: considering non-litigation solutions.

Considering Non-Litigation Solutions to Patent Infringement

• Evaluate the possible non-litigation options available to resolve the issue of patent infringement
• Consider entering into an agreement with the infringing party such as a license, coexistence agreement, or settlement agreement
• Research the advantages and disadvantages of each non-litigation option
• Consult a patent attorney or another experienced professional to help you decide which non-litigation option is the most suitable
• You will know when you can move on to the next step when you have selected a non-litigation option and taken the necessary steps to implement it.

FAQ

Example dispute

Patent Infringement Lawsuit

• A plaintiff may raise a lawsuit against a defendant for patent infringement if the defendant is using or selling the plaintiff’s patented invention without permission.
• The plaintiff may be able to win the lawsuit if they can prove that the defendant is using the invention without permission, the invention is patentable, and the patent is valid.
• The plaintiff must be able to demonstrate that the defendant had knowledge of the patent, and that their actions were willful or negligent.
• The plaintiff may be able to obtain damages from the defendant, including lost profits, reasonable royalties, and/or attorney’s fees.
• The court may also order an injunction, preventing the defendant from continuing to use the invention.

Templates available (free to use)

Accused Infringer Rule 30 B 6 Witness Deposition Outline Re Patents
Answer Re Patents
Brief In Support Of A Motion Transfer Venue Re Patents
Claim Construction Expert Declaration Re Patents
Client Intake Form Uspto Representation Patent
Client Letter Allowed Patent Application
Client Letter Final Patent Examiner Office Action
Client Letter Issued Us Patent
Client Letter Non Final Patent Examiner Office Action
Complaint Re Patents
Corporate Patent Policy
Covenant Not To Sue Patent Friendly Owner
Damages Appeal Brief Patent Owner
Damages Expert Report Accused Infringer Re Patents
Damages Expert Report Patent Owner Re Patents
Daubert Motion Survey Expert Re Patents
Inter Partes Review Motion Amend Patent Owner
Inter Partes Review Motion Exclude Patent Owner
Inter Partes Review Opposition To Motion Exclude Patent Owner
Inter Partes Review Opposition To Motion Joinder Patent Owner
Inter Partes Review Patent Owner S Request For Director Review
Inter Partes Review Patent Owner S Response To Petitioner S Rehearing Request Institution Denial
Intercompany Patent License Contract
Interrogatories Accused Infringer To Patent Owner Re Patents
Interrogatories Patent Owner To Accused Infringer Re Patents
Intervening Rights Appeal Brief Patent Owner
Invalidity Appeal Brief Patent Owner
Invalidity Expert Direct Examination Outline Re Patents
Invalidity Expert Report Re Patents
Invention Patentability Search Report Opinion Letter
Inventor Assignment Of Patent Application
Joint Claim Construction And Prehearing Statement Re Patents
Know How And Patent Licence
Letter Of Claim For Patent Infringement
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