What To Do If You Suspect a Patent Infringement
Learning that another company or individual is using your patented invention without your permission is frustrating. You spent countless hours and significant resources developing your idea, securing your intellectual property, and bringing it to the market. When someone else takes credit or profit from your hard work, you need to take swift and decisive action.
At David L. Cohen, P.C., we understand how much your intellectual property means to your business. Located in the heart of New York, we bring decades of high-level legal experience to the table. What sets us apart is our deep background in both law and business strategy. We do not just look at the legal definitions; we look at how an infringement impacts your bottom line.
Serving clients throughout the United States and worldwide, we are fully equipped to help you protect your assets wherever you do business. Our attorney is committed to helping you explore the steps to protect your rights, understand how New York law affects your case, and learn how to move forward effectively.
What to Do If You Suspect Patent Infringement
If you believe someone is using, making, or selling your patented invention without authorization, it's important to respond methodically. Rushing into a confrontation can harm your case. Instead, follow these practical steps to build a strong foundation for your claim.
1. Document Everything Immediately
The moment you notice a potential infringement, start gathering evidence. Buy the competing product if possible. Take screenshots of their website, marketing materials, and product descriptions. Keep a detailed log of when and where you found these items.
Create clear, date-stamped records that show exactly what the other party is doing. This documentation serves as the backbone of any future legal action you may need to take.
2. Review Your Patent Claims
Before pointing fingers, confirm that the competing product actually violates your specific patent. A patent protects the exact claims listed in your official document, not the general idea of your product. Read through your patent claims carefully and compare them side-by-side with the competing product.
Every single element of at least one of your independent claims must be present in the competing product for a direct infringement to exist. If you feel unsure about how to read these claims, a legal professional can break them down for you.
3. Avoid Direct Contact
You might feel a strong urge to call the offending company or send them an angry email demanding they stop. Resist this urge. Reaching out informally can tip them off, giving them time to hide evidence, change their product slightly, or even file a preemptive lawsuit against you in a jurisdiction of their choosing. Remain silent until you have a formal strategy in place and let your legal team handle all communications.
4. Calculate Your Potential Damages
To decide how to proceed, you will need to understand the financial impact of the infringement. Look at your sales numbers. Have you lost customers to this competitor? Are they undercutting your prices? Try to estimate the cost of this unauthorized use to your business. Understanding the financial stakes helps you and your attorney decide how aggressively to pursue the matter and what kind of settlement makes sense.
5. Send a Formal Cease and Desist Letter
Once you have gathered your evidence and consulted with your attorney, the next step is usually to send a formal cease-and-desist letter. Your attorney can draft a letter to notify the infringing party of your patent rights and demand that they stop their unauthorized activities immediately.
Sometimes, the other party simply did not know your patent existed, and a well-written letter resolves the issue without a lawsuit. Other times, it sets the stage for formal litigation by proving that the infringer knew of your rights and continued to violate them.
6. Consider Alternative Dispute Resolution
Litigation takes time and costs money. Before rushing to federal court, explore alternative dispute resolution methods, such as mediation or arbitration. These processes allow both parties to sit down with a neutral third party to hash out a licensing agreement or a financial settlement. Many businesses prefer this route because it keeps the details private and gets everyone back to their normal operations much faster than a trial.
New York Patent Infringement Laws
Patent law falls primarily under federal jurisdiction, meaning the United States federal courts handle most infringement cases. However, state laws still play a role in how these disputes unfold. New York laws heavily influence the surrounding business environment, contract enforcement, and fair competition standards.
In New York, patent disputes often overlap with state-level claims such as breaches of contract, misappropriation of trade secrets, or unfair competition. For example, if the party infringing on your patent is a former employee or a business partner, they might have signed a non-disclosure agreement governed by New York state law. In these situations, you can file claims in state court for the contract violation while simultaneously handling the patent issues.
New York statutes also protect businesses from deceptive trade practices. If a competitor uses your patented technology and falsely markets it as their own original creation, they might violate New York General Business Law Section 349. This law protects consumers and businesses from deceptive acts, giving you another avenue to seek damages.
Understanding how federal patent regulations interact with New York law can provide you with a stronger, more comprehensive strategy for protecting your business assets.
Contact Our Business Consulting Attorney Serving Clients Worldwide
At David L. Cohen, P.C., we provide dedicated legal support for your intellectual property needs. As a business consulting attorney, our attorney applies deep legal knowledge to protect your valuable inventions. Our clients seek our help because we deliver clear, actionable strategies that stop unauthorized use of their inventions while protecting their commercial interests.
Located in New York, we serve businesses worldwide. If you suspect someone is copying your patented work, do not wait to take action. Contact our office today to schedule a consultation and safeguard your hard-earned intellectual property.
