Your business may at some point find itself in the unfortunate position of facing an allegation that it is infringing another’s patent. The situation can be even more aggravating if you believe that the subject patent is obvious or not novel and therefore wrongfully issued. You can defend against an allegation of patent infringement by challenging the validity of the patent in a civil suit before a court of law. A patent carries a presumption of validity, which can only be overcome by clear and convincing evidence. That places a high burden on you to invalidate the patent in the lawsuit.
Starting September 1, the U. S. Patent and Trademark Office (USPTO) has instituted a pilot program to help you preserve your trademark registration if new technology replaces the format under which the underlying goods or services identified under the registration are offered for sale or provided to consumers.
A patent issued under the U.S. Patent Laws has a finite life, which is 20 years from the date of filing. A strategy to monetize a patent through licensing must take into consideration that finite life span because after the 20 year patent term, the underlying invention falls into the public domain. A patent holder may not continue to receive license royalties after the patent’s expiration, as long ago decided by the U.S. Supreme Court in Brulotte v. Thys Co., 379 U. S. 29 (1964).