What should I do if someone steals my patented idea-invention
                     What Should I Do If Someone Steals 
My Patented Idea/invention?
One should first learn about the various aspects of the patent. To prevent 
a patent idea theft, the Patent company or the Creator must get a patent 
for his/her idea or product. The patent company can also contact 
Patent Services USA. They will help them with the correct procedure for 
patenting an idea. 
1. Draft A Letter To The Infringer 
First of all, the lawyer should send a stern yet friendly letter to the infringer with the 
patent’s copy. The letter should inform the infringer that someone is trying to copy the 
patent. It should also have clauses to stop the infringement immediately and take strict 
actions against the convict. 
Suggestion: Use an attorney letter in such a case as people treat it with more importance.
Attaching the patent's copy is essential for putting the copier on notice regarding the patent. 
It will also signify that the further use of the patent will result in increased damages in case 
of litigation. 
Caution: Beware that the infringer can apply for a declaratory judgment action in the Federal 
Court if he/she has rational apprehension of imminent litigation. This action's primary 
purpose is to avoid future litigation by involving a judge to inspect the patent and the product 
for infringement. The litigant who applies for the declaratory judgment action gets the 
advantage of choosing among the available locations or forums for the lawsuit. 
Keep in mind- Never leave the letter open-ended about the intentions of the patent 
infringer. If you do so, the copier might start relying on the patent holder’s inactions as 
implicit permission for continually using his/her idea or invention. 
2. Initiate A Derivation Or Theft Proceeding
In a theft proceeding, the United States Patent and Transport Office (USPTO) conducts an inquiry 
to decide whether the infringer took the information of the idea from the inventor. 
The patent holder needs to submit the patent application of his/her idea/invention to proceed. 
You must file the petition for derivation proceedings within twelve months of the infringer's patent 
publication.
 
The petition for derivation proceedings has the following structure:
 Part 1- A creation of the declarations and claims stated in the infringer's patent application.
 
 Part 2- An interrogation of how the inventor developed the idea and invention. It should be in 
detail and supported by evidence. This step is the biggest hurdle for the inventors as each claim 
should have a date before the first date of the copier's patent application. 
 Part 3- A demonstration of how was the limitation of each claim communicated to the infringer.
 
Therefore, the inventor should record the invention procedure and involve others in the process. 
The inventor must also maintain proper lab records, in case of any scientific invention.
3. Start An Interference Proceeding 
The inventor can file a petition after a year of the infringer’s patent publication in an interference 
proceeding. 
Once the proceedings start, the infringer and the inventor need to provide pieces of evidence. Also, 
they need to share details of their respective invention process. The USPTO must determine the first 
true inventor of the idea/invention. 
4. Seek A Patent Lawyer’s Help 
The inventor needs to use this option if someone patented their idea.
Moreover, a patent lawyer can help the inventor seek alternatives. They can assist in contacting the 
infringer and mitigating the matter. Lawyers help in interference and derivation proceedings. 
They also assist the inventors in finding profitable solutions in hopeless situations. 
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