What should I do if someone accuses me of patent infringement?

If you are accused of patent infringement the first thing you will probably get is a notice from the attorney of the patent owner. The notice could be an email, a fax, a letter in the mail or something else. You should not ignore the notice. You should contact an attorney that specializes in patent law. Your attorney will be able to best advise you.

In the United states and most of the world, a patent owner has the right to exclude others from making, selling, offering to sell, importing or using a patented invention. Even if you are not creating a product, you may be liable for patent infringement due to your use of someone else’s technology. If the letter from the patent owner says that you are infringing because you are using or selling a certain kind of product or system, and you obtained that product or system from a business such as a software vendor or other supplier, you may write to that vendor or supplier and ask for help. They may, for example, respond to the letter on your behalf, provide legal assistance, or step in to protect you against the patent owner. You remain free to pursue the other options described above as well.

You may also consider changing the way that you use the product. You will have to analyze the patent to determine what steps you can change to avoid a legal dispute. The advice of a patent attorney may be of assistance in making this determination.

If you think the letter is deceptive, predatory, or in bad faith, you may consider filing a complaint with a state attorney general’s office, the state bar where the attorney who signed the demand letter is licensed to practice, or the United States Federal Trade Commission. You may request that the authorities keep the demand letter in confidence if no action is to be taken.