Patent Infringement | For Sale By Inventor

They were called “patent pirates” in the 1840s for good reason. They infringed on a patent and refused to acknowledge the priority of the inventor. Knowingly, they infringed on a patent. In 1848, Samuel Morse, inventor of the telegraph, complained to a friend in a letter, “all my time has been occupied in defense, in putting evidence into something like legal shape that I am the inventor of the Electro-Magnetic Telegraph! Would you have believed 10 years ago, that a question would have been raised on that subject?”

What Is Patent Infringement?

Patent Infringement is when an individual or company manufactures, imports, uses, sells or even offers for sale a product which has been patented and the patent is still valid and the product is being sold, used, imported or manufactured in the country where the patent was issued. What is considered “patent infringement” may vary from country to country.

How Is Indirect Infringement Different From Patent Infringement?

Patent Infringement involves a party directly accused of selling, manufacturing or importing a patented product without authorization. Indirect infringement can occur, for instance, when a device is claimed in a patent and another party supplies a product which can be used to make the claimed product.

Where Can I Go To Get A Legal Opinion If I Think An Individual Or Company Has Committed Patent Infringement?

One of the best places to look for a lawyer specializing in patent infringement is simply looking in the business pages of the telephone book. If you suspect patent infringement, it is important to consult an attorney while the product is in the planning stages.

Is There Any Protection If I Am Sued For Patent Infringement?

Patent infringement insurance can be purchased. This is an insurance policy provided by one or more insurance companies to protect either an inventor or third party from the risks of infringing on a patent. Patent infringement insurance is considered too expensive to really be worth the cost. Premiums are high due to legal costs from infringement cases.

If I Am Taken To Court, Can I Argue I Wasn’t Engaging In Any Patent Infringement Successfully?

An individual or company accused of patent infringement may not end settle with an inventor outside of court or pay a lawsuit, if they can prove the following: They were not practicing the patented invention The patent has expired. The patent is invalid because the invention is found to be defective, making the patent invalid or unenforceable.

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The purpose of the Inventor Disclosure is to inform inventors that the process of creating a new product/concept and developing it into a commercial success is extremely difficult, time consuming, often frustrating, confusing and usually costly. To succeed, inventors normally must accomplish, at a high level: the legal process (patents, copyrights, trademarks, etc); engineering, scientific or technical factors; production concerns; and, market distribution. For an individual inventor, this can be a daunting task and should be carefully considered before risking talents, time, energies and capital.

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For Sale By Inventor specializes in consulting, researching and educating small and micro entity inventors. For Sale By Inventor never evaluates an invention in terms of potential marketability.

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For Sale By Inventor and any related entities neither singularly nor collectively, considers itself to be an invention promoter or developer; regardless, the following is disclosed in the spirit of full disclosure.

The total number of inventors who contacted For Sale By Inventor and any related entities over the past 5 years is approximately 125,000; from that total, approximately 60,000 submitted ideas for review with about 12,000 offered contracts for research services; resulting in 3,974 contracting for professional research services. Following research, 2,162 received positive professional opinions of patentability and feasibility and were proffered development agreements. 1,127 inventors contracted for some combination of our patent, engineering and marketing services.

Of the total clients contracting for our services, 53 received licensing agreements and 27 have reported a net financial profit while hundreds of cases still remain active. Licensing is just one option that an inventor can pursue to commercialize their invention and was not pursued by clients who only contracted for legal, engineering or sales representation services. An additional 182 inventions have reported commercial success meaning that they either have been or are currently available for sale. Since these clients have no obligation to report their specific financial records to us, we are not aware of how many of these have made more than they spent on their invention.

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