In order for patent rights to be enforceable, the patent owner must diligently keep up with patent maintenance fees. Failing to pay scheduled fees or establishing a history of ignoring infringements can cause a patent to expire.
Monitoring the market
Patent owners are responsible for monitoring the market to detect any infringements. If an owner feels infringement has occurred, they can seek a congenial resolution through conversation and negotiation. Another alternative for resolving infringement matters is formal mediation.
If the perceived infringement cannot be resolved, the owner may file a claim for patent infringement in a federal district court. Because of the complexity involved in pursuing infringements, especially in court, the USPTO strongly encourages patent owners to secure qualified legal representation to investigate, manage, and, if needed, litigate the case.