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IP Litigation

The best country for protecting your patent the U.S. If the infringement is willful (the infringing party knew of your patent, and still continued to copy your product), a U.S. court can award treble (triple) damages plus attorney fees. The legal fees in an average patent infringement suit are $1 million.

Some law firms agree to take cases on contingency, but the provable damages have to be substantial.

In contrast, in Western Europe, a law suit can drag on for years, and if you win the case, you just may break even. In countries with weak legal systems, a patent is a useless piece of paper.

Avoiding Litigation

Mark your patented product

As soon as your utility or design patent is registered, immediately mark your product or accompanying pamphlet with your registration number to warn the public that this is your property. Infringement of your property will be considered as willful.

Do your homework

If you want to manufacture something, check to see if the item is not patented already. Order a patent infringement search from a patent professional. This gives you two advantages: firstly, instead of investing your money, you will check to see if you will infringe on someone's property. Secondly, if someone sues you, this opinion will serve as a valid legal defense against the other party's allegation of willful infringement.

Hire the right people

If it comes down to a court battle, you want the pros on your side. Do not approach a general practice law firm, because they will: a) subcontract a professional and charge you for their intervention, and b) may not understand the complete legal issues at hand, but will reluctant to let you speak with the professionals hired. Before choosing your litigator, be sure that they are licensed to practice before the Patent Office. Ask them for their license number.