Small entity inventors are generally unable to finance a lawsuit when their patents are infringed. "[When the] patent secrets [small entity inventors — small businesses, individual inventors, universities and non-profit research organizations] are stolen and used by larger infringers, they are generally unable to finance a lawsuit, particularly if the infringer operates outside the United States. Yet, it is small entity inventors who file almost 30 percent of all U.S.-origin patent applications and receive 31 percent of all patents granted. Unlike the Big Tech companies, most of these innovators keep their R&D and production in the U.S. They are vital to America’s future. But they are fragile. Special consideration of their situation and needs is in the nation’s best interest.” What percentage of patent holders are independent inventors? (Pat Choate, “Patent ‘Reform’ Is Anything But,” Professional Inventors Alliance, Undated)
Patent laws are too weak. “Patent laws are too weak to protect the small inventor.” (James Dyson, inventor of the highly successful Dyson dual cyclone vacuum cleaner quoted in William Underhill, “Small Time Inventor - James Dyson,” Newsweek International, January 22, 2001)
Be aware that a patent can’t stop infringement. “[A] patent can't stop infringement, and the U.S. Patent and Trademark Office is not a watchdog agency. ‘You have to take it upon yourself to find the encroachers and go to court.’” Patent infringement attorney. (Burt Rubin, inventor of Evo.pen quoted in Erika Rasmusson, “Pen inventor won't be written off by imitators,” Crain's New York Business, April 22, 2002) Purchase inventor Burt Rubin's innovative, ergonomic Evo.pen writing products.
Products are counterfeited in only weeks or months after they are released. "It's hard to get patents granted everywhere in the world quickly enough because the pace of copying is so fast. We have counterfeit products in weeks or months after some products are released," (Jonathan Paul Meyer, senior vice president for IP law at Motorola quoted by Sue Marek, “Healing the Patent Process”, Wireless Week, August, 15, 2005)
Build a war chest to defend against knock offs. "If the ads [for your invention] play over and over again, the knock-off companies know the product's a winner. That's when you'll have to defend your patent just to keep your company alive." Invention patent protection strategies. (Tomima Edmark, Dallas inventor of the "The TopsyTail, Patent No. 5,036,870, quoted in Rusty Cawley, “Patent Protection,” Dallas Business Journal, June 12, 1998)
Consider offering a licensing agreement to your knock-off competitors before suing them. “When [inventor Burt Rubin] discovered the first infringement on his Evo.pen patent back in 1999, by the Japanese company Morito [See Morito, Ltd., Osaka, Japan, phone +081-662523551, Tsugio Utsumi, president], he offered them a licensing agreement. It worked. ‘We had lunch and they started sending checks,’ he says. The painless process has netted Mr. Rubin more than $50,000-money that came in handy to fight his current case against Manco [Manco Inc., the American subsidiary of German-based conglomerate Henkel AG].” (Burt Rubin, inventor of Evo.pen quoted in Erika Rasmusson, “Pen inventor won't be written off by imitators,” Crain's New York Business, April 22, 2002) Purchase inventor Burt Rubin's Evo.pen products.
Polite letters and phone calls don’t work. Sue the pants off knockoff imitators. “Since patent litigation is dubbed ‘the sport of kings,’ what is the small manufacturer to do? The answer is to sue the pants off every imitator that crosses the border. This client has learned that polite letters and phone calls are sort of like sending an e-mail to your neighbor asking him not to hold loud parties every night." (Rick Martin, partner, Rick Martin, P.C., “Obtaining a patent can be worth the costs involved,” Mass High Tech: The Journal of New England Technology, February 4, 2002)
Patent infringement is a willful act of greed and stealing. “Patent infringement is stealing, and it's rarely an accident. It's usually a willful act of greed to usurp the profits from someone else's creation. Since the patent laws and courts are somewhat akin to an "Alice In Wonderland" adventure, then why not pluck the fruits from America's artists and inventors?” Patent infringement lawyer. (Rick Martin, partner, Rick Martin, P.C., “Obtaining a patent can be worth the costs involved,” Mass High Tech: The Journal of New England Technology, February 4, 2002)
