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Declaratory Judgment Actions
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Changyz
May 21, 2012, 7:09:10 PM5/21/12
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Hi
I have some interest in the inventing/patenting area and recently came across the term "Declaratory Judgment Action". From what I got from it, seems like if I get a patent on something and lately I find out that a company is infringing it, I cannot ask them to not infringe, or even should not mention that they are infringing my patent, because they will sue me (!?!?!), in a court of their choice. The bigger the company, the greater the chance of me being sued just for mentioning that they are infringing my patent.
This is mind-boggling to me... Looks like small inventor has absolutely no-chance in protecting their inventions because they cannot possibly have the financial means to handle such expensive lawsuits, compared to deep - pocket corporations, and on top of everything they cannot even get a contingent-fee lawyers in this case...
Am I wrong, or is this totally unfair and intended to choke small inventors? How does the new AIA explain this? (The idea was to enable invention, right?
Thanks
I have some interest in the inventing/patenting area and recently came across the term "Declaratory Judgment Action". From what I got from it, seems like if I get a patent on something and lately I find out that a company is infringing it, I cannot ask them to not infringe, or even should not mention that they are infringing my patent, because they will sue me (!?!?!), in a court of their choice. The bigger the company, the greater the chance of me being sued just for mentioning that they are infringing my patent.
This is mind-boggling to me... Looks like small inventor has absolutely no-chance in protecting their inventions because they cannot possibly have the financial means to handle such expensive lawsuits, compared to deep - pocket corporations, and on top of everything they cannot even get a contingent-fee lawyers in this case...
Am I wrong, or is this totally unfair and intended to choke small inventors? How does the new AIA explain this? (The idea was to enable invention, right?
Thanks
NT
May 22, 2012, 5:24:08 AM5/22/12
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NT
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Changyz
May 22, 2012, 1:28:11 PM5/22/12
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anywhere else. AIA stands for the America Invents Act, which is USA.
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