Legal Standards for Contributory Patent Infringement
Contributory patent infringement involves a party supplying a direct infringer with a part that has no substantial non-infringing use, according to FindLaw. In order for contributory infringement to occur, a direct infringement is necessary.
Other People Are Reading
-
Sale
-
The first factor necessary to prove contributory infringement is the existence of a sale of a piece of machinery, hardware, or software, according to Gallagher & Dawsey Co., an intellectual property law firm. A "sale" means there must have been a transfer of a payment in a return for a component.
Material Component
-
In order to make a case for contributory infringement the piece of machinery, hardware, or software sold must be a part of a patented invention, according to Gallagher & Dawsey.
-
Intent
-
There must be a certain level of intent to prove contributory infringement. The infringer must have knowledge that the sold component was made especially for use in the infringement of a patented invention.
-
