False Patents

Although the monetary amount of fraud is relatively minuscule in comparison to larger federal program fraud, the government allows relators to bring a suit against companies that falsely advertise a patent for their goods. As many consumers consider a patent to be a mark of genuineness, holding this mark of distinction can be extremely important in certain markets. However, playing to this consumer trust on false grounds is considered a violation of federal law, and can warrant a lawsuit.

Contact the qui tam attorneys of Tycko & Zavareei, LLP, today at 202-973-0900 to discuss your legal rights and options when bringing a whistle blower suit against a fraudulent party. As a competitor, you should not have to be impeded by a company’s misrepresentation of a patent, and as a consumer you should not be misled about a company’s products.

Patent Litigation

Falsely claiming that a product has been patented by the United States government is considered a violation of the law. However, the punishments may not be as severe as other forms of fraud. Under the United States Code, the government and the original relator of a patent marking case split a $500 reward for each patent violation. A case may be brought under the following grounds:

  • Failure to renew a patent after expiration
  • Falsely advertising a patent
  • Advertising a patent under a different owner

The award for successfully pursuing a false patenting case is divided between the relator and the federal government in half. While this sum may not seem particularly great, the case itself helps protect the validity of a patent for other manufacturers.

Contact Us

Although patent fraud may not seem like a particularly drastic problem in the United States, it does discredit a basic part of inventing in the free market. For more information regarding your rights as a qui tam relator bringing up a patent-related claim, contact the Washington qui tam lawyers of Tycko & Zavareei, LLP, by calling 202-973-0900 today.

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