Definition of Patent Infringement
Patent infringement occurs when someone makes, uses or sells a patented invention without the permission of the patent holder.
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Two Types
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There are two types of patent infringement: literal infringement and infringement under the doctrine of equivalents. Literal infringement occurs when the copy of the patented invention is an exact copy of the patented invention. A patent is infringed under the doctrine of equivalents if there are elements of the copy that are substantially the same as the patented invention.
Remedy
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When a patent is infringed, the patent holder may sue for relief in federal court. The holder can ask for an injunction to stop the infringement, and may seek damages.
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Defenses
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The defendant will often call into question the validity of the patent. The validity of the patent is a question of law to be decided by the court. Another common defense is the claim that what was done was not actually infringement as defined by the patent. The government can use any patented invention without permission but must provide compensation to the patent holder.
What Law Applies?
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Federal law applies to patents, and the case will be tried according to the Federal Rules of Procedure and federal statutes governing patents.
Patent Office
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The U.S. Patent Office is in charge of evaluating and granting patents, but has no jurisdiction over claims of infringement. The appropriate remedy for patent infringement is a lawsuit in federal court.
Punishment
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A person found guilty of infringement will be subject to an injunction ordering him to stop the infringement, as well as civil damages. Damages are generally a calculation of the profits lost by the patent holder due to the infringement.
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