How does a patent translate to money for the inventor, and how is it normally enforced? Let’s say that you invent the McCormick Reaper. Ok, so you get the basic design down. What happens when someone makes an iterative improvement? What then? Do you simply get a cut of every copy of the mechanised reaper bought and sold that is your version?
Do patents apply only for commercial usage?
In: Technology
A patent is a temporary legal monopoly. If someone else wants to copy your design, they need to license it from you (which you can charge for). That’s normally how the inventor gets money. You don’t have to say yes. If they use it without a license, you can sue them for patent infringement.
If they make an iterative improvement it depends if they’re still using whatever aspect you patented. The whole point of good patent lawyers is to write patents that are hard to circumvent that way. If they’re infringing your patent, even if it’s an iterative improvement, you can sue them. If they find a way to get around your patent, you have nothing.
They don’t explicitly just apply to commercial usage, but if it’s not commercial then you have a hard time showing damages…you can sue them, but you weren’t really harmed so it’s more of an empty gesture.
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