What Constitutes Patent Infringement?

Selling a patented invention can constitute infringement.

Using, making or selling a patented item constitutes patent infringement. The U.S. protects patented inventions by granting the inventor patent rights.

Patent

Patents protect inventions.

The U.S. Patent and Trademark Office grants a patent to the inventor, giving the inventor property rights. This gives the inventor the right to stop others from making, selling and using the invention

Infringement

Making, selling or using an item can infringe a patent.

Failing to get permission of the patent holder to make, use or sell a patented invention constitutes copyright infringement. Infringement varies from patent to patent, depending on the language in that patent, and it also varies by jurisdiction.

Enforcement

U.S. federal courts hear patent cases.

The patent's owner is responsible for enforcing the patent. The owner should first try contacting the person responsible for the infringement for negotiations. Should that fail, the owner can file a federal court action. Court actions are expensive, so often the parties settle outside of court.

Time Limits

Patent protection expires.

Patented inventions are protected until patent expiration. Patents typically expire 14 years from issuance, or if the owner fails to pay maintenance fees.

References

• Inc.: enforcing a patent
• United States Patent and Trademark Office: What are patents