How long to litigate a patent?

 

What is patent litigation?

Patent litigation is a legal process and is used by someone to sue the other party for a particular invention. It means that if you own the patent, you can enforce your rights in court with the help of a lawyer. You can use the patent to sue the other party for selling or manufacturing an invention very similar to you.

The claim is encountered by the other party who also presents in the court and proves that the patent is invalid.

Who files the patent first?

First, of all, you can seek the help of the jury by the first-to-file system. It is a universal legal process and is used in all countries around the globe. The United States of America was quick to convert to a first-to-file system in 2013, as per the American Invents Act.

It means that if the person has already developed the idea but has not introduced it to the world, he can still go for patent litigation as the idea ownership solely belongs to him.

The long game of patent litigation

Patent litigation is often considered inexpensive, easy, and short. Why? Because both the parties are fighting to claim the ownership of the manufactured product, invention idea, or service. Therefore, the evidence provided by both the lawyers is quite murky.

Court consults various patent litigation experts to make the discovery process quick and less time-consuming. It is very difficult to handle the patenting process without the patent experts present in the court.

A lengthy trial of patent litigation is a disadvantage for both parties. It comes with a hefty price and will notch up millions of dollars. If the claim stands correct, it is the job of the opposite legal team and patent experts to prove that it is wrong.

Patent experts have many ways to make the claim invalid but all their methods revolve around the stance that the invention lacks potential originality.

What is the lifespan of a patent?

Your lawyer must provide you with an active patent at the basic level. An active patent is necessary to sue the other part for copyright infringement. Therefore, you must be aware of its total lifespan. Patents typically don’t last forever. Moreover, it takes 6 years to litigate a patent. However, the number of years depends on the type of patent.

For instance, a utility patent, one of the common types of patents, is valid for more than 20 years after your lawyer files for the application. However, every patent comes with a maintenance fee which you have to pay over few years to keep it active.

You can’t use the patent to sue for infringement which was developed in 1985. As of now, the patent has long expired and you have to file another application to sue the other party.

Patent limitations under the US Act

Even if your patent is valid, there are limitations to which you can sue the other party for infringement. The US patent Act clearly defines the limitation. The act says that no patent could be used to sue for infringement if it was applied more than 6 years ago.

In general words, it takes 6 years to litigate a patent if you have to file a complaint. The patent holders’ lawyers must file their lawsuits within 6 years of the date to recover the potential damages that they have faced so far.

However, this period can be extended with the mutual agreement of both parties. For instance, a tolling agreement could be created if the patent has expired.

Conclusion

As you can be patent litigation has the potential to be expensive and long. It can go for years and can cost millions of dollars. However, the hefty price puts a lot of pressure on the defendant to settle.