After patent issuance, the patentee has enforceable rights in that he/she can sue another entity for damages and/or an injunction to stop that entity from making, using, selling, offering for sale or importing the patented invention into the United States. The ability to sue for past damages goes back six (6) years from the date of suit with the earliest date that … [Read more...]
Cease and desist letters
Cease and desist letters are the initial notifications to infringers of the existence of a patent and places that infringer on actual notice of the patent.
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Once a patent issues, the patentee has a right to demand that others infringing on the claimed invention stop using, selling, offering for sale, manufacturing and importing the claimed invention into the United States. While not required, one of the first steps involved in exercising the patentee’s rights may involve sending a cease and desist letter to the alleged infringer or … [Read more...]