Patent Hawk - Enforcement

The inherent irony of patents is that, while ostensibly a grant to exclude others from practicing an invention, the value of a patent is directly related to its adoption. If no one wanted to use a patented invention, it would not be worth anything. And so infringers arise: parties that commercialize a patented technology without license.

Patent enforcement is the process of legally maintaining one's patent grant. If an infringed patent is not enforced for many years, a patentee may lose the patent grant.

Because of the common reluctance of infringers to take a patent license without at least the threat of legal action, patent enforcement typically starts with litigation. But then, most patent infringement contentions settle out of court, based on the strength of the patent's validity, demonstrated though prior art search, and persuasive clarity that the patent is being infringed.

Due diligence in preparation of enforcing a patent could save literally millions of dollars in legal fees.

Preparing for enforcement, the best first step is ensuring that the patent is valid. Discretely vetting a patent for validity prior to assertion is strongly recommended, so as not be caught out. Presuming that the patent office grants litigation-quality patents is a big mistake - they don't. Read more about prior art search.

Other preparatory steps include infringer surveying and preliminary claim construction. After that, infringement analysis determines whether a product infringes a patent claim, and so whether enforcement may be warranted.

Imitation is the sincerest form of flattery, and marketplace competitors flatter each other by imitating product features that provide a competitive edge, or are there to maintain competitiveness. If you know of a single infringer, chances are there are more.

Patent Hawk assists patent owners in surveying product markets for infringers.

Non-infringement is one of the two primary defenses against assertion, the other being invalidity. Infringement is predicated upon claim construction. Determining infringement necessitates mapping specific claim limitations, in light of supportable claim construction, to the features of the accused product. The doctrine of equivalents, where a claim is construed to provide equivalent embodiments, provides leeway to a patent holder, but the tighter the fit of construed claim to target product, the tighter the noose of infringement.

A primary issue going into a patent case is knowing enough about a product to map patent claims to it. Typically, confirming the suspicion of infringement takes research. For a patent enforcer, litigation discovery is largely an exercise in gathering data about infringement. After gathering whatever information is available, product features are matched to claims, limitation by limitation.

Patent Hawk assists patent owners, and those accused of infringement, of determining whether infringement is actually occurring.

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	this page: Enforcement Infringer Survey Infringement Analysis email: info@ patenthawk.com Phone: 503.922.2433 (Portland)206.529.5146 (Seattle) *The Patent Prospector* (patent weblog)	Enforcement The inherent irony of patents is that, while ostensibly a grant to exclude others from practicing an invention, the value of a patent is directly related to its adoption. If no one wanted to use a patented invention, it would not be worth anything. And so infringers arise: parties that commercialize a patented technology without license. Patent enforcement is the process of legally maintaining one's patent grant. If an infringed patent is not enforced for many years, a patentee may lose the patent grant. Because of the common reluctance of infringers to take a patent license without at least the threat of legal action, patent enforcement typically starts with litigation. But then, most patent infringement contentions settle out of court, based on the strength of the patent's validity, demonstrated though prior art search, and persuasive clarity that the patent is being infringed. Due diligence in preparation of enforcing a patent could save literally millions of dollars in legal fees. Preparing for enforcement, the best first step is ensuring that the patent is valid. Discretely vetting a patent for validity prior to assertion is strongly recommended, so as not be caught out. Presuming that the patent office grants litigation-quality patents is a big mistake - they don't. Read more about prior art search. Other preparatory steps include infringer surveying and preliminary claim construction. After that, infringement analysis determines whether a product infringes a patent claim, and so whether enforcement may be warranted. Infringer Survey Imitation is the sincerest form of flattery, and marketplace competitors flatter each other by imitating product features that provide a competitive edge, or are there to maintain competitiveness. If you know of a single infringer, chances are there are more. Patent Hawk assists patent owners in surveying product markets for infringers. Infringement Analysis Non-infringement is one of the two primary defenses against assertion, the other being invalidity. Infringement is predicated upon claim construction. Determining infringement necessitates mapping specific claim limitations, in light of supportable claim construction, to the features of the accused product. The doctrine of equivalents, where a claim is construed to provide equivalent embodiments, provides leeway to a patent holder, but the tighter the fit of construed claim to target product, the tighter the noose of infringement. A primary issue going into a patent case is knowing enough about a product to map patent claims to it. Typically, confirming the suspicion of infringement takes research. For a patent enforcer, litigation discovery is largely an exercise in gathering data about infringement. After gathering whatever information is available, product features are matched to claims, limitation by limitation. Patent Hawk assists patent owners, and those accused of infringement, of determining whether infringement is actually occurring.
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