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Re: Protecting patent[ Follow Ups ] [ Post Followup ] [ Patent Forum ] [ FAQ ] Posted by X on July 24, 2003 at 23:11:32: In Reply to: Protecting patent posted by HG on July 24, 2003 at 08:46:38: : Hi, hoping for some info regarding protection of patent rights. I recall that it would be required that you actively protect your rights to a patented or risk losing the rights to the exclusive use? There is a manufacturer that owns a patent that was granted in '99 and broadened the patent this year. His revision will cover most currently distributed devices from many of his competitors and it is being said that he will sue them to halt production. Now my question is that because his old patent already covered most of his competitors devices and the patent holder did nothing to prevent them, could that mean he gave up his rights? Or could his revision give him new rights to now prevent his competitors from manufacturing the devices? I hope I made my question clear. Thanks HG, As far as I know, if a patentee (person receiving a patent grant) chooses not to exercise the right of "excluding others" from making, using, selling or importing the patented article or process into the U.S., it would NOT constitute an abandonment of the option of exercising that right on a later date. Having said all of the above, however, there are two equitable defenses to patent infringement available for defendants in cases where the patentee does not (or waits too long) enforce his patent rights. The following is just a general explanation of the defenses. You should consult with your patent attorney for more detailed information that is specific to your situation. The laches defense basically provides that if a patentee knew that others were infringing the patent and waited too long to sue for patent infringement, the patentee runs the risk of having damages barred up until the day the patent infringement suit was filed (i.e., patentee looses pre-filing damages). There is a presumption that a 6-year wait is too long. The second defense is Equitable estoppel, which requires the patentee to know of a specific infringer that is infringing the patent and then act in a manner that reassures the infringer that the patentee is not going to sue for patent infringement, AND the infringer relies upon the patentee's actions to the infringer's detriment (the infringer would be materially harmed if the patentee is later permitted to assert a claim inconsistent with the patentee's earlier conduct). The patentee's damages are barred forever as to that specific defendant. I hope this helps, X.
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