How Do I License or Enforce a Cryptography Patent for Royalties?

Attorney Answer

Patents are governed entirely by federal law, so wherever you live, the same federal rules apply to licensing and enforcing your cryptographic patents.

Under the Patent Act, a patent gives you the right to exclude others from making, using, selling, or importing your invention, and that right can be leveraged into a licensing deal, a sale, or, if someone is already using your invention without permission, an infringement claim. Patent infringement lawsuits can only be filed in federal court; state courts do not have jurisdiction over them.

Since you mentioned you have already had some activity, whether that means an offer to license or buy, or existing legal help, the right next step depends on which one it is.

If you have received an offer to license or buy:

1. Do not sign anything or agree to terms verbally before a patent attorney reviews the offer. Initial offers are often far below what the patent is actually worth, especially in a field as valuable as cryptography. 2. Ask for the offer in writing if you do not already have it, including proposed royalty rates or a lump-sum figure.

If you do not yet have legal representation:

1. Look for a registered patent attorney, ideally one with cryptography or software experience, since licensing cryptographic patents often involves technical negotiation about standard-essential status and industry royalty rates. Patent agents can handle filings before the patent office, but licensing negotiations and lawsuits call for an attorney. 2. Some patent litigation attorneys work on contingency or through litigation funding for strong infringement cases, which can reduce your upfront cost if you are pursuing someone who is already using your invention without a license. 3. Gather your patent numbers, filing and issue dates, and any evidence of who might be using the technology without permission.

If you believe someone is infringing now, be aware that damages generally cannot be recovered for infringement that happened more than six years before you file a lawsuit, so gathering evidence and moving forward with representation sooner rather than later protects your recovery window.

This is general legal information, not legal advice about your specific patents. A patent attorney licensed to practice before the USPTO can review your filings and advise you on the strongest licensing or enforcement strategy.