Infringement and Provisional Damages

There is no action for infringement of your patent until it actually issues. However, through publication of your application, it may be possible to obtain provisional damages for the time between publication of the application and the issuance of the patent. Once your patent issues, infringement can give rise to treble damages and an award of attorney fees. During the phase from publication to issuance, only reasonable royalty damages can be awarded. Furthermore, a claim must survive and be substantially identical from publication to the issued patent.

Copyrighting anything you have created costs you nothing. You simply put ‘Your Name 2005’ (2006, etc.) on it, beside it, or wherever the public can read it, and the act of copyright is done. It’s free — a gift from your government.

You’ve probably heard that registering your copyright costs you $30. Yes, that’s true, there is a $30 dollar fee if you choose to formally register your song, short story, photograph, painting, or whatever. You fill out Form TX for the written word, or form VA for graphic creations, such as photographs. Send in two copies of the ‘work’, plus your $30 dollars, to the Register of Copyright, Library of Congress, and your work will be entered into the archives and you will be in a better position to collect compensation in case of copyright infringement.