You Can Defend Your Invention Even While Your Patent Is Pending

The purpose of obtaining a patent is to allow you to prevent others from using your invention and provide you with a legal method by which you can take legal action against those who have infringed on your patent. However, if you are going to identify and do something about a patent infringement, you will need to know whether you have a patent or if your patent is pending. 

Your Rights When the Patent is Pending

When your patent is pending, you do not have your patent right away. However, this doesn't mean that you do not have any legal protections. You will still be able to take legal action against anyone who has infringed on your patent. However, your rights can be more limited. 

Legal Options Available to You

With a pending patent, as long as you were the first one to file an application for a patent, you will be able to initiate the legal process. The best way to do this is to speak with a patent lawyer. However, you will want to wait until your patent has become a full patent before you will be able to hold the other party accountable.

However, the consequences of violating a patent are very severe and are worth pursuing. After consulting with a patent attorney, you will be able to begin the process of pursuing legal action by contacting the party responsible for the infringement.

Contacting the Infringing Party

A patent attorney will help you use language that will increase the odds that your claim will be approved. You'll also want to make sure that the letter clarifies the details of the patent and how the other party is in violation of the patent.

Common Counter-Arguments

The other party might comply with your request as detailed in the letter or might choose to fight back. They might argue that your patent is not valid and that it therefore cannot be enforced. They might also argue that your idea was not actually novel.

In the most extreme cases, the other party might argue that you are acting in bad faith or that you are in violation of antitrust laws. If the court agrees, you might lose your right to enforce your patent. 

Your patent attorney will assist you in protecting your idea so you can profit off of it. You can then use the patent for your own business venture or sell the rights to it.

Reach out to a local patent lawyer to learn more.