HDVY - Protect Your Patents After you are award
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After you are awarded a U.S. patent for your invention, if someone copies your invention by making, using, offering for sale, selling, or importing into the U.S. your patented invention, that is considered patent infringement, according to the PTO. If your patent is infringed, you can sue the offending party or business in federal district court. You can ask for an injunction to stop the infringer and prevent further losses and you can also ask the court to award you damages.
The PTO doesn't have jurisdiction over questions of patent infringement. Depending upon how many patents you hold and how integral they are to your business, you may want to have an attorney on retainer to help you be prepared to fight infringers and better protect your patent in the long run.
There are also steps you can take before filing an infringement suit -- which can be a long, drawn-out, and costly procedure. You may want to contact the alleged infringer -- or have your attorney make the contact -- through certified mail. You may also want to request a meeting with management to resolve the dispute. Remember that only the courts can determine whether someone has infringed on your patents so that your contacts with alleged infringers should indicate that you believe they may be infringing on your patent.
If you must go to court to stop an infringement, be aware that the defendant may question the validity of your patent, which then becomes the responsibility of the court to determine, according to the PTO. The courts determine infringement largely based on the language of the patent claim and whether the defendant's product or good falls within the claims. If you don't agree with the courts verdict, you can appeal to the Court of Appeals, and then on to the Supreme Court.
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Now from a 8-K dated 9/20/19 CEO George McGovern said the following... As a result of the issuance of the SVM-RFE Patent, Health Discovery Corporation now has the right to exclude others from developing, commercializing or licensing this patented technology without the uncertainty of the Interference or concerns over the ownership of the all SVM-RFE patents. Additionally, Health Discovery Corporation is taking the necessary steps to protect its sole ownership of SVM-RFE patents against infringement.
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