- 19-Apr-2025
- Healthcare and Medical Malpractice
If a company uses your invention without permission, and that invention is patented, you have the right to sue the company for patent infringement. Taking legal action can help you enforce your patent rights, seek damages, and stop further unauthorized use of your invention. However, the legal process can be complex, and proving infringement requires specific steps.
Before suing, ensure that you hold a valid patent for your invention. A patent grants you exclusive rights to make, use, or sell the invention for a specific period, typically 20 years.
Tip: Make sure the patent is active and has not expired. It should also cover the specific aspect of the invention that the company is using.
Determine whether the company’s use of your invention directly infringes on your patent rights. Review their product or service to see if it includes features that are covered by your patent claims.
Tip: Conduct a thorough comparison between your patent claims and the company’s product to establish that the patent has been infringed.
Collect evidence of the company’s use of your invention. This can include photographs, videos, and documentation showing how the company is using your patented technology.
Tip: Keep records of any communications with the company regarding your invention. If they are aware of your patent but still use your invention, this strengthens your case.
Before filing a lawsuit, it’s common to send a cease-and-desist letter to the company. This letter demands that the company stop using your invention and offers an opportunity to resolve the issue without litigation.
Tip: The letter should clearly state the patent number, the infringement details, and the desired action, such as stopping sales of the infringing product or negotiating a licensing agreement.
If the company does not stop using your invention after the cease-and-desist letter, consult with an experienced patent attorney. They can help you determine the strength of your case and guide you through the legal process of filing a patent infringement lawsuit.
Tip: A patent attorney can also assist with gathering expert testimony and other evidence to strengthen your case in court.
If the matter cannot be resolved outside of court, you can file a lawsuit in a patent court (such as the Delhi High Court in India) or in a federal court in other countries. The lawsuit will involve presenting your evidence and demonstrating that the company is infringing on your patent.
Tip: The court will determine whether the patent is valid and whether the company’s product infringes on it. They may also assess whether the infringement was willful, which could lead to higher damages.
If the court rules in your favor, you may be entitled to damages, which could include actual damages (the actual financial loss you suffered due to the infringement) and punitive damages (if the infringement was willful). You may also seek an injunction to prevent the company from using your invention in the future.
Tip: You may also be able to claim attorney fees and court costs if you win the lawsuit.
Instead of going through a lengthy and costly trial, you may consider mediation or arbitration as alternatives to resolve the patent dispute. These methods can help avoid litigation and come to a settlement without going to court.
Tip: ADR can often be quicker and less expensive than a full court trial and may still lead to a favorable outcome.
An inventor holds a patent for a unique wireless charging technology. A large electronics company starts selling products that use the same wireless charging system. The inventor sends a cease-and-desist letter to the company, but they continue selling the products. The inventor files a patent infringement lawsuit in court, and after a trial, the court orders the company to stop selling the infringing products and pay royalties for the past sales.
A small business owner patents a new plastic packaging design for their products. A competitor begins selling products with the same packaging design. The business owner consults a patent attorney and files a lawsuit for patent infringement. The court finds the competitor guilty of infringement and awards damages for the unauthorized use of the patented design.
If a company is using your invention without permission, you have the right to sue for patent infringement. The legal process involves verifying your patent rights, documenting the infringement, and potentially pursuing a lawsuit for damages and an injunction. Working with an experienced patent attorney ensures that you navigate the legal system effectively and protect your intellectual property.
Answer By Law4u Team
Discover clear and detailed answers to common questions about Intellectual Property. Learn about procedures and more in straightforward language.
