Patent assertion takes place when the patent owner gets to know about the patent infringement on his patent. A Patent assertion is the declaration of the infringement by the patent owner. Even though the USPTO grants a patent, they do not enforce it. If you own a patent, it is your responsibility to make sure that no one infringes on that patent. If you find an issue of infringement, you must assert it and take legal action in order to right the wrong. Patent owner’s goal in the assertion is to stop the infringer on further using his invention and paying for the damages.
Essentials of Patent Assertion:
The assertion of patents simply requires the appropriate attribution and payment for the use of someone else’s intellectual property. If any company wishes to use the already patented invention, it must first acquire a patent license. This way, the company using the invention pays the patent owner a set amount of money throughout the time they use their invention.
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Taking patent assertion to court:
Civil cases require the plaintiff to prove someone guilty which is known as the burden of proof. The burden of proof in an infringement case under patent law lies with the patent owner. The patent owner has the right to go to court in case of patent infringement. Once the issue is taken to court, the party asserting the patent must be able to prove the accused party guilty.
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Patent assertion benefit:
If the patent owner can successfully prove the violation of his patent, it can be very beneficial. It makes sure that the infringer rightfully pays you for your IP rights. When an infringer is found guilty, either the further use of patent stops or infringer pays for licensing to use the patent. More importantly, the infringer also pays for any use that took place before he was caught. This can come in the form of large settlements, sometimes an amount leading to millions of dollars.
Common patent assertion settlement:
Settlements for patent assertion are usually quite uneventful. If the violation is proven, the infringer pays money that appropriately covers the past and future use.
Under a patent license agreement, the licensed party can pay the patent owner in two different ways:
- Each year for their profits made through the use of the patent.
- Once per quarter for profits made through the use of the patents.
The licensee also has to pay royalties to the patent owner throughout the lifetime of the patent. Large companies sometimes pay the patent owner a huge amount of money at once instead of keeping up with the regular payments. One decides this amount by estimating how much the company will profit from the use of the patent. Accordingly, it takes a percentage of it depending on the royalty rate.
Multiple patent infringers:
In some cases, patent owners find out that more than one individual or company is infringing on their patent. This complicates the patent assertion process even more. In such cases, the owner has to prove the infringement case right individually. Such cases also lead to multiple settlements.
There are a few things to keep in mind when deciding whether or not to go for the patent assertion process. Firstly, you need to make sure of the infringement of your patent on a legal basis. Moreover, you must also make sure that the settling damages which the infringer pays you are right as per the standards.
Why Choose Us? – The Patent Watch Company
It is essential for one to make sure that no one else is using his invention, thus affecting his business. So, it becomes very important to go for patent assertion services. If you are looking to seek any assistance regarding these services, The Patent Watch Company (TPWC) is your one-stop destination. We possess extremely skilled professionals who boast years of experience in this domain. TPWC covers numerous technology areas checking 100+ tasks every week. We have our reach globally as we provide services in 100+ countries. Our team also monitors general activities like regulatory approvals, investments, litigations, etc. The client’s legal safety is our first priority and we aim to provide 100% satisfaction to them. To avail our services, Visit The Patent Watch Company.