Once a patent is issued, it is up to the owner to enforce it. If friendly negotiations fail, enforcement involves two basic steps:
1. Making a determination that the patent is being illegally violated (infringed)
2. Filing a federal court action to enforce the patent.
Patent enforcement is very complicated. Patent holders have the burden of proving infringement. And litigation costs are prohibitively high, especially if you are in individual or a small business. Because enforcing a patent can be a long and expensive process, many patent infringement suits aren’t filed. A patent infringer with deep pockets, such as a large corporation, has significant advantages over an individual inventor or small business. That’s why it’s important to have a well-financed partner that can cover the costs of a patent infringement lawsuit.