How is a patent enforced?

• What is a patent?

• What can be patented?

• Does an invention have to be completely new to be patented?

• Who can apply for a patent?

• What standards are applied to determine if an invention is patentable?

• What is the first step in patenting an invention?

• When and how is a patent application prepared?

• What information goes into the patent specification?

• What is the function of the patent Claims?

• Are there different types of patent applications?

• What happens after the patent application is filed?

• Is there any recourse from an unfavorable final office action?

• What happens once the examiner finds the claims are allowable?

• Does the inventor have to wait for the issuance of his/her patent before beginning to manufacture or market the invention?

• How long does the entire patenting process take?

• Should an inventor disclose his/her invention to others prior to filing a patent application?

• What happens if two applications are filed for the same invention?

• How long does patent protection last?

• Does a U.S. Patent provide protection from foreign competition?

• How is a patent enforced?

• Can patent rights be sold?

• Does an employee’s invention automatically belong to their employer?

• What is a patent license?

• How does an inventor go about licensing his/her invention?

• Once a patent is issued, can it be revoked or modified?

• What are the maintenance requirements after a patent is issued?

Patents are typically enforced in the Federal courts by infringement actions seeking to enjoin the infringing activities and/or to assess damages for past infringement. If the infringement is found to be willful and deliberate, the courts may award triple damages as well as attorney fees. If a settlement is arrived at, the infringing party will often agree to pay licensing fees for past and/or future use of the patented invention.