What Is Patent Infringement?
A patent grants an inventor an exclusive legal right to make, use or sell the inventor's new device, substance, process or design for a limited time period, ranging from 14 years to 20 years. Patent infringement occurs when someone violates the patentee's rights.
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Legal Definition
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A person commits patent infringement by making, using, selling or offering to sell something that contains every element of the patent's claim without the patent owner's authorization.
Direct Infringement
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Direct infringement occurs when a patented product is made without permission. Under a legal principle known as the doctrine of equivalents, patent infringement also occurs if the device performs substantially the same function in substantially the same way to obtain the same result. This doctrine protects patentees from infringers who make minor changes to the patented item.
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Indirect Infringement
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A person commits indirect infringement by encouraging or assisting another person to infringe a patent.
Contributory Infringement
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A person commits contributory infringement by providing a direct infringer with a part or other component that has no substantial use except in the patented item.
Remedies
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If a patent is infringed, the patent owner may ask a federal court to issue an injunction to stop the infringement and may ask the court to award damages to provide compensation for lost revenue.
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References
- USPTO: Infringement of Patents
- "Nolo's Patents for Beginners"; David Pressman; 2009
- Legal Information Institute: Inducement of Infringement
- FindLaw: Patent Infringement and Litigation
