You can file a patent infringement lawsuit only after the grant of a patent. However, the very first step should not be to file a lawsuit. First, you should spend your time to research and find out as to how exactly your patent is being infringed. Establish solid ground about your case.
Then, you should send a cease-and-desist letter to the infringer to notify them about the patent infringement. The next step is to work out a solution with the other party. You can ask them to stop using the product.
The next best solution is to discuss the possibility of a license for a fee if the infringement is not significant. This will allow them to use the invention and you shall receive compensation for the damages. However, if this doesn’t work out for either party then you should file a patent infringement lawsuit. You should take a look at some Patent Infringement cases before drafting a complaint.
Hire an attorney, and draft a complaint with them. Ensure that you have done a thorough background check and your grounds for filing a solid. To make a strong case, perform a Patent Invalidity Search. File the lawsuit with a federal court and notify the infringer about the same.
Now, the litigation process will begin and the court judge will listen to both parties. He/she will deliver judgement on the patent infringement based on the merits of the case.
Also, read more about Patent Revocation in India here.
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