What should I do if someone steals my patented idea/invention?
One should first learn about the various aspects of the patent. To prevent a patent idea theft, the Patent company or the Creator must get a patent for his/her idea or product. The patent company can also contact Patent Services USA. They will help them with the correct procedure for patenting an idea.
What Is A Patent?
A patent is a right, or rather, an official or legal document granted to an individual (known as the inventor) for inventing a product. Receiving a patent for an idea infers that no other person can sell, replicate, or copy the patent idea. Thus, a patent provides an individual with exclusive ownership for his/her product.
The patent owner needs to visit USPTO (United States Patent and Transport Office) to apply for a patent. One can make an application individually, but the process involves drafting an application for the patent, which needs to be error-free.
Thus, it is best to take help from Patent Services USA. They can help the inventor writing an application and can navigate him/her through other procedures. A crucial step in the process is to make sure that there aren’t any similar products as theirs. They can also help the patent owner with this search and guide him/her about the steps that follow.
What Happens If Someone Copies A Patented Idea?
Suppose someone copies a patented idea in the United States of America. In that case, the inventor can terminate the use of the concept by looking for a legal injunction in the Federal Court.
The patent owner is also entitled to compensation for the unauthorized use of his/her idea and invention. The compensation amount depends on the lost profits, which the inventor has suffered from the infringement.
The inventor will get up to three times the damages suffered + Attorney’s fees + Court costs. It is valid if the copier used his/her technology willingly and knowingly.
Tip- An inventor should not try and stop somebody from using his/ her idea or invention if the contravention is small and the damages incurred are modest.
A patent owner should hire an attorney if the losses incurred due to the contravention are significant.
1. Draft A Letter To The Infringer
First of all, the lawyer should send a stern yet friendly letter to the infringer with the patent’s copy. The letter should inform the infringer that someone is trying to copy the patent. It should also have clauses to stop the infringement immediately and take strict actions against the convict.
Suggestion: Use an attorney letter in such a case as people treat it with more importance.
Attaching the patent’s copy is essential for putting the copier on notice regarding the patent. It will also signify that the further use of the patent will result in increased damages in case of litigation.
Caution: Beware that the infringer can apply for a declaratory judgment action in the Federal Court if he/she has rational apprehension of imminent litigation. This action’s primary purpose is to avoid future litigation by involving a judge to inspect the patent and the product for infringement. The litigant who applies for the declaratory judgment action gets the advantage of choosing among the available locations or forums for the lawsuit.
Keep in mind- Never leave the letter open-ended about the intentions of the patent infringer. If you do so, the copier might start relying on the patent holder’s inactions as implicit permission for continually using his/her idea or invention.
2. Initiate A Derivation Or Theft Proceeding
In a theft proceeding, the United States Patent and Transport Office (USPTO) conducts an inquiry to decide whether the infringer took the information of the idea from the inventor.
The patent holder needs to submit the patent application of his/her idea/invention to proceed. You must file the petition for derivation proceedings within twelve months of the infringer’s patent publication.
The petition for derivation proceedings has the following structure:
· Part 1- A creation of the declarations and claims stated in the infringer’s patent application.
· Part 2- An interrogation of how the inventor developed the idea and invention. It should be in detail and supported by evidence. This step is the biggest hurdle for the inventors as each claim should have a date before the first date of the copier’s patent application.
· Part 3- A demonstration of how was the limitation of each claim communicated to the infringer.
Therefore, the inventor should record the invention procedure and involve others in the process. The inventor must also maintain proper lab records, in case of any scientific invention.
Bottom Line- Prevailing in such a proceeding is tough.
3. Start An Interference Proceeding
The inventor can file a petition after a year of the infringer’s patent publication in an interference proceeding.
Once the proceedings start, the infringer and the inventor need to provide pieces of evidence. Also, they need to share details of their respective invention process. The USPTO must determine the first true inventor of the idea/invention.
4. Seek A Patent Lawyer’s Help
The inventor needs to use this option if someone patented their idea.
Moreover, a patent lawyer can help the inventor seek alternatives. They can assist in contacting the infringer and mitigating the matter. Lawyers help in interference and derivation proceedings.
They also assist the inventors in finding profitable solutions in hopeless situations.
Conclusion
You can protect a patented idea if you know the advantages of patents. The procedure for patenting an idea is easy. All you need to do is ensure that you have followed all the required steps. Availing the help of professionals or a Patent company will also prove to be useful.
