Patent Law

A patent is granted by the federal government to an inventor that permits him/her to prevent others from producing, using, or selling the invention for a certain period of time. The patent system is designed to promote inventions that are useful to society, and Congress has been given the power to grant patents in the Constitution. The U.S. Patent and Trademark Office grant patents for inventions that meet statutory criteria.

Patent litigation includes legal actions to protect patents against infringement, and may result in monetary damages or an injunction against the infringement.

Patent infringement takes place when another party produces, uses, or sells a patented item without the permission of the patent owner. A patent holder may choose to sue a party to stop his or her infringement activities, as well as to receive additional compensation for the unauthorized use of the item. Because intellectual property is governed by federal law, a patent holder must sue an unauthorized party in federal district court.

Infringement actions by patent holders must be brought within six years from the date of infringement. While patent litigation proceeds much like any other federal case, the complicated legal issues surrounding patent validity and infringement are reserved for the court’s determination, although some patent litigation cases use juries for other aspects of the overall case.

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