QandAs: Legal

How Do I Enforce a Patent?

Answer:
In order to enforce a patent, you need to make sure

your patent is filed correctly and approved by the U.S. Patent and Trademark Office (USPTO) – only then will your rights be enforceable. You will also need to keep up with periodic maintenance fees for your patent.

After a patent is granted, protection is provided for 20 years from the time you file. (17 years from the date it was issued.) A copyright provides lifetime protection, as well as protection for an additional 70 years; and, there is no time limit for trademarks. When a patent does expire it becomes “public domain” for anyone to use.

You may bring a patent infringement action in federal court against anyone who uses your invention without permission. If the court issues an injunction it could prevent the person who infringed on your patent from further use or sale of the item. Depending on the court order, you could also be awarded damages.


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