Defending Your Patents from Infringement: Key Strategies
3 minute read
May 18, 2023


Patenting your invention or innovation can be an exciting process. But, once you have a patent, it is important to protect it from infringement. Patent infringement can occur when someone uses, sells, or imports your patented invention without your permission. If you suspect that your patent has been infringed upon, you should take action to defend your rights. This post will discuss key strategies for defending your patents from infringement.

Understand Your Patent Rights

The first step to protecting your patent is to understand your patent rights. A patent gives you the right to exclude others from making, using, selling, or importing your invention for a limited time. It is essential to know what your patent covers and what it does not cover. This will help you identify when someone is infringing upon your patent.

Monitor Your Patent

Monitoring your patent is essential to identify any potential infringement. You can do this by keeping an eye on the market and competitors. You can also hire a patent attorney or use an online patent monitoring service to keep track of potential infringers.

Send a Cease-and-Desist Letter

If you have evidence of patent infringement, the first step is to send a cease-and-desist letter to the infringer. The letter should detail the infringement and demand that they stop using, selling, or importing your invention. It is important to work with an experienced intellectual property lawyer to ensure that the letter is well-written and legally sound.

File a Lawsuit

If the infringer does not respond to the cease-and-desist letter or refuses to stop the infringement, you may need to file a lawsuit. This is where working with an experienced patent attorney is crucial. They can help you assess the strength of your case and the likelihood of success.

Negotiate a Settlement

Litigation can be expensive and time-consuming. In some cases, it may be beneficial to negotiate a settlement with the infringer. This can involve licensing your patent to the infringer or receiving compensation for the infringement.

Stay Vigilant

Finally, it is important to stay vigilant even after your patent has been defended. Continuously monitoring the market and competitors can help you identify potential infringers and take action before any damage is done.

We Can Help You Understand Your Patent Rights

Working with an experienced intellectual property lawyer is essential for defending your patents from infringement. They can help you understand your patent rights, monitor your patent, send cease-and-desist letters, file lawsuits, negotiate settlements, and stay vigilant. At Stanzione & Associates, PLLC, we have extensive experience in patent law and can help you protect your patents. Click here to schedule a consultation, call (202) 349-1124 in Arlington, VA, or (646) 222-9411 in New York City, and learn how we can help protect your intellectual property.

Stanzione & Associates, PLLC serves the Arlington, VA, and New York City areas.

Share on LinkedIn
Email this Article
Print this Article

More on Blog