What Does a Patent Litigation Attorney Do?

The laws and regulations governing the practice of law vary by jurisdiction; however, in most countries, a lawyer may practice any type of law he or she chooses once licensed. Most attorneys, however, choose to focus their practice on one or two particular areas of the law, such as copyright or patent law. For an attorney who decides to become a patent litigation attorney, he or she will focus on pursuing or defending violations of patent rights.

While the procedures for applying for a patent, and the rights granted to the holder of a patent, vary by jurisdiction, the basic concept is universal across all jurisdictions. A patent is the set of rights which are granted by a government to an inventor. The precise rights granted to the holder of the patent and the time for which those rights are granted may vary. Obtaining a patent is generally a lengthy process, but, once approved, the holder of the patent retains the rights for the period of the patent — usually at least 20 years — as long as he or she pays the renewal fee each year.

The patent legally excludes anyone else from using, making, or selling the invention without prior permission from the patent holder. When an individual violates those rights, a patent litigation attorney is usually needed to help the holder of the patent enforce his or her rights. If the holder of a patent believes that someone has violated his or her patent rights, the violator may also employ the services of a patent attorney to defend the claim that he or she has violated a patent right.

In many jurisdictions, the rights included in a patent exclude another person from using the invention, even in a situation where he or she is trying to invent something else. Understandably, the rules relating to the use of a patented invention can become rather tricky. If a person is concerned that he or she is in violation of an existing patent, he or she should ideally consult with a patent litigation attorney before a claim of violation is made.

In most jurisdictions, patent violations are handled through the civil courts by filing a lawsuit. In the United States, patents are governed by federal law, meaning that a lawsuit for an infringement of a patent is filed in a U.S. federal court. When a patent litigation attorney represents the holder of a patent, he or she will prepare a complaint alleging the violation and file it with the appropriate federal court. As a rule, along with seeking monetary compensation for the infringement, a patent litigation attorney will also ask the court to order an injunction which legally orders the defendant to stop using the patented invention. When a patent litigation attorney represents the defendant, he or she must convince the court that his or her client did not, in fact, infringe on an existing patent.