Patent Infringement

In the United States, patent infringement occurs when someone utilizes an invention claimed in a U.S. patent.  Patent owners can exclude others from utilizing the invention by initiating a patent infringement suit.

Generally, patent infringement can be direct or indirect.  Direct infringement occurs when someone without authorization makes, uses, offers to sell, or sells any patented invention, within the U.S. or imports into the U.S. any patented invention during the term of a U.S. patent.  For direct infringement, the plaintiff must prove that each element of the claimed invention, or its substantial equivalent under the doctrine of equivalents, reads on the accused device or method.  Indirect infringement can be inducement of infringement where someone actively induces direct infringement of a patent or contributory infringement where someone offers to sell, sells, or imports a component for a patented machine or a material or apparatus for a patented process where the component or material has no substantial noninfringing use.

Plaintiffs successful in enforcing patent rights may be granted by the Court a reasonable royalty for the use made of the invention by the infringer or compensatory damages, whichever is greater.  Also, the Court, in certain circumstances, may award an injunction, treble damages, and attorney’s fees.

Because patent law in the U.S. is federal law, actions for patent infringement must be brought in federal court.  An action for patent infringement must be initiated within six years of any infringement committed.

 

See also:

Patent

Provisional Patent Rights

 

 

Related links:

Useful Links – U.S. Patent and Trademark Office

Filed under the Intellectual Property Law category.

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