100.197 Patent notifications.

530 words·~2 min read·/wi/chapter-100/100-197-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Definitions. In this section:

(a)“Patent notification” means a letter, e-mail, or other written communication attempting in any manner to enforce or assert rights in connection with a patent or pending patent.

(b)“Target” means a person who meets at least one of the conditions described in s. 801.05

(b),

(c), and

(d)and satisfies at least one of the following:

1. The person has received a patent notification.

2. One or more of the person’s customers has received a patent notification concerning a product, service, process, or technology of the person.

(2)Patent notification requirements.

(a)A patent notification shall contain all of the following:

1. The number of each patent or patent application that is the subject of the patent notification.

2. A physical or electronic copy of each patent or pending patent.

3. The name and physical address of the owner of each patent or pending patent and all other persons having a right to enforce the patent or pending patent.

4. An identification of each claim of each patent or pending patent being asserted and the target’s product, service, process, or technology to which that claim relates.

5. Factual allegations and an analysis setting forth in detail the person’s theory of each claim identified under subd. 4. , if any, and how that claim relates to the target’s product, service, process, or technology.

6. An identification of each pending or completed court or administrative proceeding, including any proceeding before the U.S. patent and trademark office, concerning each patent or pending patent.

(b)A patent notification may not contain false, misleading, or deceptive information.

1. If a patent notification lacks any of the information required under par.

(a), the target may notify the person who made the patent notification that the patent notification is incomplete.

2. Within 30 days after the date on which a target notifies a person under subd. 1. , the person shall provide the target with the information required under par.

(a)that is necessary to complete the patent notification.

(3)Enforcement and remedies.

1. The department or the attorney general may investigate an alleged violation of sub.

(b)or

2. The attorney general may commence an action in the name of the state to restrain by temporary or permanent injunction a violation of sub.

(b)or to compel a person who has violated sub.

(c)2. Before entry of final judgment in an action commenced under this subdivision, the court may make any necessary orders to restore to any person any pecuniary loss the person has suffered because of the violation of sub.

(b)or

3. The attorney general may commence an action in the name of the state to recover a forfeiture to the state of not more than $50,000 for each violation of sub.

(b)or

(b)A target or other person aggrieved because of a violation of sub.

(b)or