A Legal Guide To TECHNOLOGY TRANSACTIONS A COVID-19 Update…

In summary, the total cost of filing and prosecuting a patent application typically runs between $7,500 and $20,000, and must be expended without any guarantee of success. ENFORCEMENT OF PATENT RIGHTS A patent entitles the patent owner to prevent others from making, using or selling the patented invention within the United States for the term of the patent. While others may make the patented invention outside of the United States, they are not permitted to sell or use the patented invention within the United States. Similarly, others are not allowed to make the invention in the United States for use or sale outside of the United States. By bringing a court action against an infringer, the patent owner may seek both an injunction against the infringer, and the recovery of monetary damages. The scope of the injunction, as well as damages will be determined on a case by case basis and should be adequate to compensate the patent owner for the acts of infringement. Generally the damages should not be less than a reasonable royalty for the use made of the invention by the infringer. An alternative to bringing an action against an infringer is to offer the infringer a license to make the patented invention. Such a license may include an initial base payment, as well as a royalty for each unit of the patented invention that the licensee would make, use or sell. A patent may have method, apparatus or product claims, or a combination of all three. If the patent includes apparatus or product claims, then other persons will be prevented from making, using or selling the specific apparatus or product. If method claims are

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