You've poured your blood, sweat, and tears into developing your invention. You've filed the patent paperwork. But if someone steals your idea, is there anything you can do about it? If you're in the US or Canada, filing a lawsuit for patent infringement is a viable option. Here's how to go about filing one.

1. What is patent infringement

Patent infringement is what happens when someone makes, uses, sells, or imports a patented invention without permission from the patent owner.

It's a legal tool that can be used to protect intellectual property. If someone steals your copyright and begins making, using, or selling infringing products without permission, you may have grounds to bring a lawsuit against them for infringement. 

It's not limited to contactors or "copyright infringers."

The concept of "copyright infringement" sounds serious, but what exactly does it mean and who gets hurt if someone infringes your hard-earned ideas?

Generally speaking, the law protects the following kinds of people:

Traders and manufacturers, who make, use, sell, or buy a product that is covered by the intellectual property protected by the patent protected by the first lawsuit referral claim. 

Businesses that make or use a product composed in whole or in part of patented material or feature without the authorization of the patent exposer.

People who make unauthorized conversions of patented material. 

People who supply or sell equipment without authorization from the patent infringer. 

Effects of a successful suit for copyright infringement

In the ideal world, you win the lawsuit. After all, your original idea was stolen, and you deserve to have it protected. But what happens if your trial isn't a cakewalk? 

Before you begin your defense, you'll need to know what jurisdiction you (and your attorney) will be in.

2. How do you prove patent infringement?

In a patent infringement case, a plaintiff can prove patent infringement in a number of ways.  One way is through direct evidence of infringement.  In this case, the plaintiff provides proof that the accused infringer is making, selling, or offering for sale a product that is covered by the patent.Further proof can be provided by examining facts and circumstances provided by the defendant. In addition, the courts will order you to pay damages and attorneys' fees. Read on to find out what kind of elements are necessary to sustain a US or Canadian infringement case. 

In a patent infringement case, a plaintiff can prove patent infringement in a number of ways.  One way is through direct evidence of infringement.  In this case, the plaintiff provides proof that the accused infringer is making, selling, or offering for sale a product that is covered by the patent.Further proof can be provided by examining facts and circumstances provided by the defendant. In addition, the courts will order you to pay damages and attorneys' fees. Read on to find out what kind of elements are necessary to sustain a US or Canadian infringement case. Filing a lawsuit for patent infringement brings forward two types of claims: U.K. (or foreign country) infringement and Canadian infringement.  Each claims what the law punishes. U.K. infringement can be broken down into two specific subcategories: 

1. Owner-shopping and Non-Disclosure. U.K. infringement usually happens when a defendant markets or advertises a product that infringes a patent. Usually this conduct is done in the hopes of getting around the law because either (a) there is a loophole or (b) there are pending patent applications on the marketplace. Be sure to always investigate before finding out whether an idea was patented. Can you get product from the prior owner that infringed the patent? 

2. Conspiracy. U.K. infringement often involves competitors engaging in illegal agreements, known as "conspiracy". The conspiracy statute deals with illegal agreements made between competitors to deprive each other of market share. Obviously, the more you combine elements of conspiracy, the worse the result looks. One of the elements of conspiracy is Mark-up. This refers to the wording that is included on the relevant patent application. Can the defendant refuse to make or sell Mark-up for the patented invention?

If you think you can legally launch into battle, then you've basically found your solution.  If your case is for U.K. infringement, consider your options for cross-examination. Your litigant can hire other attorneys from other successful litigants in your jurisdiction to examine your opponent's claims.

3. How do you file a lawsuit for patent infringement?

You can file a lawsuit for patent infringement by filing a complaint with the United Kingdom District Court for the District of Columbia.It may be difficult to serve someone in person. Before you start going to court, make sure what you're going to do is really worth it. Lawyers get paid up front, so they might try to get you to settle for a small fine instead of filing suit. They specialize in taking down big businesses.

If you have a good defense, don't hesitate to get a subpoena for the person to come in and talk. You'd be surprised at the things they'll tell you!

Obtain a Warrant

You'll also need a warrant, which is a court order requiring a person to turn over information or produce property. You'll need to go to a local magistrate (a judge in a regularly scheduled court) and demand that the person hand over information or turn over what you're looking for.

Usually, you'll also need the person's password or fingerprint to get a court order. You can seek out a private party to do this for a small fee. Snooping around and collecting dirt on others is an art. Now if you really want to go for it, you can notify the local police and have them show up at the door and demand the password or fingerprint from the person.

Filing a lawsuit isn't cheap. The Warrant can run as high as $10,000 or more. However, court fees and document production can add up to many thousands more dollars. Therefore, if you useigent corporations and attorney fees will eat up your profits.

Preparing Your Case

You may want to hire an attorney before you file the lawsuit, although most lawsuits are filed on their own initiative. This is straightforward because you'll want to make sure your lawyer has experience in filing a lawsuit.

4. What are the steps of your case once it's filed?

Once the complaint is filed, the court will issue a summons, which is a notice to the defendant to appear in court. If the defendant does not appear in court, the judge will enter a default judgment in your favor. The defendant has several options to avoid a default judgment, but they need to act fast.If the defendant does not respond to the summons or file an answer by a certain date in the court's timeline, then the court will issue a default judgment.

Filing a lawsuit for infringement is not free. The costs can start at $2,500 or more for a small claim or $30,000 or more for a breach of contract claim. Beyond filing fees, there are some essential legal fees, which will get your case dismissed if you don't pay.

Types of patent lawsuits

Formal warning: If you're not familiar with the legal system, you should think twice before filing a lawsuit. You should speak with an attorney before you do anything rash.

Non-frivolous: Sometimes, and depending on the circumstances and the defendant, this type of lawsuit might be appropriate. 

civil lawsuit: Similarly, you might choose to pursue a civil lawsuit instead of a patent lawsuit. A civil lawsuit charges the plaintiff (you) with using a protected business practice in a way that infringes on someone else's protected business practice. Sometimes, but sometimes not, this type of lawsuit will include scope of work issues.

Seizure: Typically, a lawsuit with a “snatch-purchase order” is lased when the plaintiff files a lawsuit for infringement against a cyber-squatter (someone who illegally copies and uses your works without your permission). Unfortunately, there is usually a high cost to pursue a person for cyber-squatting violations.

Cease and Desist: If you receive a Cease and Desist letter from the defendant, this usually means you've messed up big-time. It is imperative that you respond to the Cease and Desist letter by giving the defendant a minimum of three days to terminate your contract and stop infringing his or her copyright.

5.  Can you settle out of court? What are the benefits of doing so?

First, you need to understand the benefits of settling out of court. While it’s possible to settle out of court, it may not always be in your best interest to do so. Settling out of court means you don’t have to go to court, which can save you time and money.What’s more, suing someone for stealing your idea is really competition for the same idea—there’s no need to worry about the other person working for or with another company to knock your idea out of the running. Contrast this with the potential costs of bringing a lawsuit in court. It’s important to remember this cost before you decide to go to court. You must also weigh the potential risks.

Why isn’t there an Olympic Speed Skating Competition?

Lets start with the benefits versus the risks.  The benefits of filing a lawsuit are that you can get a monetary award for intellectual property infringement. This award can come as a happy surprise or a hefty bill. In either case, a good outcome is better than a bad outcome.

Also, if the ruling is in your favor, then your efforts paid off and you can enjoy a future with a larger brand name. If the competitor steals your idea and uses it without your permission, then you could have the chance to initiate a lawsuit or a lawsuit could be filed against you. The bottom line is that sometimes there is no reward in pursuing a lawsuit. On the other hand, you can always work to resolve the issue amicably. But if you pursue a lawsuit, there are generally two paths you can take.

Patent Quickening

If you don't get the award you are after, there is another option. You can request that a court expedite the hearing. This process is typically done to help reduce the costs of the case. In your request, you should explain why the ruling would be beneficial to you. You can even provide documents that support your position.