Patent Enforcement
You are likely applying for a U.S. patent because you want the legal protections a patent provides. You’ve worked hard to perfect your patent, and you expect to be the exclusive provider of your invention. While the USPTO issues patents, it does not monitor for potential infringement or enforce your rights as a patent owner. That responsibility is up to you.
Types of Patent Enforcement Services
Gerben IP can provide several types of patent enforcement services to protect you against possible infringement.
Cease-and-Desist Letters
These serve as an efficient and cost-effective way to put the infringing party on notice, while explaining the legal basis for your claims. Our attorneys look at each unique case of infringement to draft the appropriate cease-and-desist letter, and strive to find the balance right for each situation.
Settlement Negotiations
In the event that a cease-and-desist letter cannot keep the infringing party from using your patent, your patent attorney may begin the process to negotiate terms accepted by both parties. For instance, the infringing party may agree to stop using your patent for your commitment not to take legal action against their prior infringement. In other instances, more structured settlement may be needed.
Take-Down Notices
In the age of Amazon and eBay, it is not uncommon for intellectual property owners to find infringement online. Many of these online marketplaces have protocols for reporting infringing products, but the process to remove the products can be challenging. At Gerben IP, we can help you create a customized enforcement plan for your budget.
Patent Investigations
Sometimes, a detailed investigation must be conducted before a plan to fight the infringement can be created. Our attorneys will conduct research on possible infringement and work with you to enforce your rights as a patent owner.