Many of these patents will never be commercially successful. However, some of these patents are not immediately valuable when first issued, but become commercially viable during their term. A regular portfolio review will assist your client in keeping track of their patents. You will then be in a better position to quickly determine whether any of their patents are being infringed and to respond accordingly. Keep informed It is to your client s advantage to keep informed of new patents and publications in their field.
Most countries grant a patent to the inventor who is first to file an application.
The United States, however, grants the patent to the first to invent. Early discovery of a potential infringement can significantly reduce your client s liability. Get an opinion To willfully infringe a patent, the potential infringer must have actual knowledge of its existence. Given actual knowledge of another party s patent, a potential infringer has an affirmative duty to exercise due care to determine whether or not he is infringing. Failure to discharge that duty could result in a finding of willful infringement.