FAQ: When to enforce patent rights

If I believe my patent is infringed, should I hurry to enforce it or should I sit and wait for damages to accumulate? — You should not sit and wait for damages to accumulate. If you sit on your rights, eventually you may lose them.

Laches and estoppel are equitable doctrines that essentially limit or preclude recovery of damages when enforcement of the patent was unreasonably delayed. For more information, read our newsletter articles on the topics of laches and estoppel.

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