After obtaining a patent, the inventor or patent owner is granted a special property right to that invention. It's an intellectual property (IP) right.

Intellectual property encompasses all things created by any given individual or corporation that may have a commercial value. This IP property right is granted by the United States Patent and Trademark Office (USPTO). A common misconception is that patents grant the right to make, use, offer to sell, sell or import the invention into the U.S.

However this is incorrect.

Patents grant the owner the right to exclude others from all of these activities. Therefore, the owner has the right to exclude others from making, using, offering to sell, selling or importing the invention into the U.S. For example, if the patent owner discovers that an unauthorized individual or company is making the patented invention, the owner may sue them in an infringement case.

Once an inventor goes through the trouble of getting a patent, it seems logical that the government would lend a helping hand in enforcing the patented invention. However, this is another misconception.

In reality, once issued, the inventor or patent owner must enforce the patent without the aid of the USPTO. So, if a patent is infringed upon, it is entirely up to the patent owner to initiate and finance any lawsuits that may arise. At that point the patent owner will need to secure the assistance of a patent attorney and may need to take the case to court.