After getting a grant for a patent, the task of the inventor doesn’t end. He still has to look after the patent so that no one is misusing it. Patent Assertion is when the inventor discovers that somebody is using his patent or is infringing him. A patent office offers the right to the patentee while granting a patent that the invention cannot be used/sold/imported in any form by anyone without the permission of the patent holder.
What if patent assertion occurs?
- Whenever any party uses, sells, or copies a patented invention, this causes an assertion of a patent.
- The patent holder can only sue the infringer up to 6 years from the date of infringement.
- The patent holder can sue them and can also ask for compensation for unauthorized use of patents in federal court. They can valid the claim for the loss or damage done to the patent holder.
- The seriousness of the assertion and the grant of claim will analyze the grant or relief.
Also read: Patent Infringement Types and How to Avoid Them?
Patent Watch: Important to Avoid Assertion
Getting in an assertion case may cause real loss and damage so it is really important to take precautions beforehand.
Not only you should check that no one is infringing on you but also that you are not infringing on anyone. If you are infringing someone, they can file a case on you and can sue you.
So, you should conduct a prior-art search for that. A Prior-art search is conducted before you apply for a patent. In this search, it is checked whether your invention is novel or not. The patent applications, granted patents, expired patents may be observed under this search so that you can make the best use of your invention without any problem.
Also read: Patent Monitoring Services: Track your Patents
How to Conduct a prior-art search?
- First of all, search the keywords related to the invention.
- The search is done extensively according to the keywords on the databases.
- Search throughout the internet for a wider search base.
- The result is analyzed and further steps are taken accordingly.
After getting a grant for the patent, it is still important to keep monitoring the patents that may infringe your patent. You can hire an attorney or legal services so that you can work hassle-free without worrying about patent assertion.
Who regulates Patent Assertion?
In US, United States International Trade Commission (USITC) and US Courts handle matters related to patent rights.
In India, the Office of Controller General of Patents, Designs, and Trade Marks (CGPDTM) regulate the patent rights.
If a patent holder finds that somebody is infringing his patents then he can approach the respective offices to verify his claim. It is very important to have a full proof for whatever you are claiming because words aren’t enough for justifying your rights.
Also read: How to Avoid Patent Infringement?
Conclusion
Patent assertion cases are more common than you think. So, it is very important to protect your patent and constantly monitor them so that you can take a step in case of any infringement activity. Patent monitoring can help you protect from patent assertion and also aware you of any assertion within the time limit so that you do not miss the deadline.
Also read: Patent Watch Services: Types and Advantages
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