Patents 101: An Essential Introduction and Guide

Patents 101: An Essential Introduction and Guide

04-11-2024

Table of content

  • Patent Infringement?
  • Lawsuits of Patent Litigation
  • Steps that will likely occur, if the case gets to this stag 

                 1.  Discovery

                 2. Negotiation

                 3. Trial

  • Remember the two C’s and the lone S.

                  1. Clear

                  2. Complete

                  3. Supported

The form of intellectual property protection that gives an inventor the  right to make, sell, or use an invention for an assigned  period of time is called a Patent..

Patent Infringement?

Patent infringement happens  when someone utilizes, crafts or sells the invented patent. without the  patent holder’s permission. 

Lawsuits of Patent Litigation

If  it's suspected that the patent is being hacked, immediately contact an experienced patent litigation attorney to imply  your rights. Scenarios  where there are no major damages, you can simply send the infringing person or business a desist letter or  cease. 

Steps that will likely occur, if the case gets to this stage. 

Discovery

The important step in a patent infringement case is discovery. This process consents  the parties to seek and compel the production of information from one another. Method used in the discovery phase consists of-  requesting documents, depositions and  requests for admission. 

Negotiation

The proper settlement for a patent infringement dispute takes place throughout the whole process which is simply termed as Negotiation. Evidence is presented in support of their positions and the parties try to work out in a way which is acceptable and convincing for both the parties. 

The data that is found during the discovery process is mostly facilitated by negotiation. 

Trial

In case if the out-of-court agreement fails, your case will likely proceed to trial. The attorney will showcase the issue to a jury or judge. 

Ultimately, the judge or jury will give a verdict  whether the alleged conduct amounted to patent infringement.

Well written patent claims get good patents. Also the rights on your inventions and designs remain with you. .It can be protected through prosecution, even if someone sells your design or invention. 

 Additions Can Be Done Always remember - A patent should be complete, before filing. If you miss on any  important claim it can be added later. Amendments can be made after prosecution as well. Ensure high quality claims from the first step, because without such claims your designs and inventions won’t be considered as patented. . 

Lastly, what things should be considered while drafting a claim? 

There are three criterias, which need to be followed while drafting your claim. if the sentence is  long or short it must be completed, but try to keep the sentence short.

Remember the two C’s and the lone S.

Clear

Readers should not face any problem while reading, hence clarity is important.  If you use some words like thin ,strong  then it is considered that you are not clear.  As a result subjective judgment is expected from a reader and  not an objective one if the words are clearly read. 

Complete

The completion is necessary because it cover’s the inventive element and there remains adequate elements for putting the invention in the proper terms.

Supported

Adding descriptions gives the required support. It means all the components  of inventions that build your claim must be descriptively narrated. 

Summary

Always remember while drafting a claim it is necessary to check all the above mentioned points, and if you do so your patented claim process will run smoothly, all you need is a little understanding of the overall patent claim procedure,- (which this piece of blog has covered) and a lifetime security if you implement them.