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Back to the Basics: Patents (Part 2)

Back to the Basics: Patents (Part 2)

by | May 27, 2026 | Design Patent, Entrepreneur, Entrepreneurship, Infringement, Innovation, Intellectual Property, Invention, Inventor, IP, IP asset management, Litigation, Patent, Patent Prosecution, Patentability, Plant Patent, Small Business, Start Up, Start Up Considerations, Uncategorized, Utility

This is the second in our series of posts breaking down the fundamentals of patents. In [Part 1], we discussed the scope of a patent and the process of obtaining one. Today, we’re focusing on the payoff: the benefits of a patent and how you can enforce your rights.

Now that you have a patent, what can it actually do for you?

Ultimately, a patent is only as valuable as your ability to enforce it. As a patent owner, you hold the exclusive right to prevent others from making, using, selling, or offering to sell your invention. But how do we determine if someone is actually stepping on your toes? It all comes down to the claims.

Defining the “Metes and Bounds”

A patented invention is strictly defined by its claims. Located at the very end of the patent document, these numbered paragraphs map out the legal “metes and bounds” of your intellectual property. Think of them as the invisible fence around your innovation.

When a dispute arises or a patent is asserted against an alleged infringer, the process follows two main steps:

  1. Interpretation: The court interprets the claims to determine the exact scope of the invention.
  2. Application: That scope is compared directly to the competitor’s product or activity to see if it falls within your protected territory.

The Power of Enforcement

Patent infringement is a serious matter handled exclusively via federal civil actions. If a competitor crosses the line, the law provides robust remedies to make things right.

As a patent owner, you can pursue:

  • Monetary Damages: Recovery of actual damages (like lost profits or reasonable royalties).
  • Treble Damages: If the infringement is proven to be willful or intentional, the court can award up to three timesthe actual damages.
  • Injunctions: Court orders to immediately halt existing and future infringing activity.
  • Fees: In exceptional cases, the recovery of court costs and attorneys’ fees.

Protect Your Innovation

Capitalizing on your innovative developments is critical to your organization’s growth, but you shouldn’t navigate the complex world of intellectual property alone. Having the right legal partner to guide your decisions is vital.

The Law Office of Kathleen Lynch PLLC is designed to help businesses like yours stay ahead of the game and safeguard what they build.

Ready to protect your competitive edge? Your first consultation is completely free.

U.S. Patent Office Waives Fee For AI Search Automated Pilot Program

U.S. Patent Office Waives Fee For AI Search Automated Pilot Program

by | Mar 31, 2026 | Entrepreneur, Entrepreneurship, Innovation, Invention, Inventor, Patent, Patent Prosecution, Patentability, Small Business, Start Up, Start Up Considerations, Uncategorized, US Patent Office

A patentability search and assessment is always recommended when evaluating whether your invention would be entitled to meaningful patent protection. The search also helps to inform the inventor and patent attorney where there may be areas of more narrow protection and draft accordingly.

The United States Patent Office recently launched the AI Search Automated Pilot Program. The program is designed to evaluate the examination process by including an automated pre-examination search, and whether the inclusion will improve quality and efficiency of examinations.

The program (ASAP!) will conduct an automated search for original, noncontinuing, nonprovisional applications. The automated search results will be sent to the applicant and will provide an earlier communication regarding potential prior art issues. Under the pilot program, applicants will not be required to respond to the search results.

However, the search results may provide an opportunity to the applicant to file a preliminary amendment in an effort to place the application in a stronger position for allowance. Alternatively, the applicant may wish to file an express abandonment and obtain a fee refund in view of search results that indicate a lack of patentability.

Recently, the U.S. Patent Office has announced that it is waiving the fee requirement for any petition to participate under 37 C.F.R. 1.182 filed after March 23, 2026. This should enable self filing entrepreneurs and inventors to take advantage of this new program for free!

Capitalizing on innovative developments is critical to any organization.  Having the right person to help you make those decisions is important.  The Law Office of Kathleen Lynch PLLC is designed to help businesses such as yours keep ahead of the game.   The first consultation is free.  Email us at kl****@*****aw.com.

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