What can I do if my product is being manufactured and sold by others? 6 Answers as of June 02, 2011

My 'granted patent' is being manufactured/sold by people that I do not know/away from my party/rights. I was granted a utility patent from the USPTO recently. I was interviewed in the local newspaper and TV with videos describing my granted patent. Where I am living I was told that unknown people are manufacturing and selling my med device in flea markets and other places, like if they were the patent owner. I am not receiving any money for this. Please tell me the steps (in order) to combat this problem. Thanks in advance.

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Intellectual Property Center, LLC
Intellectual Property Center, LLC | Ak Shaf
I'm sorry to hear about your difficulties. You should contact an attorney to help assist you in determining if your patent rights are being infringed and if so, who the responsible party is. Whether your rights are being violated, based upon a patent and a competing product is not an easy thing to do. Someone who has experience in these matters is preferable, like a patent attorney. While i do not know where you are located, i would encourage you to contact a local bar association in order to determine how best to proceed.
Answer Applies to: Kansas
Replied: 6/2/2011
Malhotra Law Firm, PLLC
Malhotra Law Firm, PLLC | Deepak Malhotra
You should consider contingency fee litigation. Obtaining a patent only gives you a right to sue. Nobody will automatically enforce a patent for you. The average cost of a patent trial is over a million dollars. Are the damages sufficient to justify the cost of a lawsuit?
Answer Applies to: Washington
Replied: 6/2/2011
DANIEL NESBITT
DANIEL NESBITT | Hasse & Nesbitt
You may first want to collect some evidence that such alleged infringing products are actually being sold, and by who. You should then obtain (confirm) from a patent attorney an opinion that the alleged products alleged to infringe, actually do infringe, and that your patent has not obvious errors or defects that might make it unenforceable or invalid. Then you can get an explanation from the patent attorney of the steps and costs for enforcing your patent.
Answer Applies to: Ohio
Replied: 6/1/2011
Devon & Associates
Devon & Associates | Marcia A. Devon
You must bring suit for patent infringement in the United States District Court. Think of your patent as a ticket to an event. You must present your ticket and begin the event. Patent infringement suits can be very expensive. I may be able to locate an attorney who may be willing, depending on his evaluation of the case, to work for you on a contingency, or partial contingency, arrangement. Patent attorneys rarely take the risk of bringing a patent case on a contingency basis. Usually patent attorneys are paid in advance, at $300+ per hour. Please contact me if you believe I can be of service to you.
Answer Applies to: California
Replied: 6/1/2011
Eclipse Group, LLP
Eclipse Group, LLP | Travis Burch
You need to get an exemplar product, have an attorney construct a claim chart to determine if in fact it is infringing. The next step would be to send a cease and desist order. You might have other claims under the Lanham Act.
Answer Applies to: California
Replied: 6/1/2011
    Barton Barton & Plotkin
    Barton Barton & Plotkin | Maurice Ross
    Before doing anything on your own, you need to retain patent litigation counsel. And such counsel needs to conduct an investigation to identify the alleged infringers and verify that they are infringing your patent. Next, counsel can issue demand letters requiring that the infringers either stop infringing your patent and/or pay you a license fee (and enter into a license agreement with you). If attempts to negotiate a license are unsuccessful, then you may choose to institute patent infringement litigation. All of this costs money.
    Answer Applies to: New York
    Replied: 6/1/2011
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