Definition§
Patent Infringement refers to the unauthorized use of a patented invention. This can involve producing, using, selling, or importing a patented product or process without permission from the patent holder. The test of infringement is whether the device in question performs substantially the same work in substantially the same way and achieves the same result as the patented device.
Examples§
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Direct Infringement: A company manufactures and sells a product that is covered by the claims of another’s patent without any authorization.
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Induced Infringement: A company encourages another to use a patented process without authorization.
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Contributory Infringement: Selling components that are specifically made for use in a patented invention with no substantial non-infringing use.
Frequently Asked Questions (FAQs)§
Q: What constitutes patent infringement? A: Patent infringement occurs when a patented invention is made, used, sold, offered for sale, or imported without the patent holder’s authorization during the term of the patent.
Q: Can patents be infringed indirectly? A: Yes, indirect infringement includes induced infringement and contributory infringement, where one entity induces another to infringe or contributes to the infringement by supplying components.
Q: How is patent infringement determined? A: Infringement is determined by comparing the alleged infringing product or process with the claims of the patent. If it performs the same work in the same way to achieve the same result, it may be considered an infringement.
Q: Can trademarks and copyrights also be infringed upon? A: Yes, trademarks and copyrights can also be the subject of infringement actions. Trademarks are infringed when a mark is used without permission in a way that is likely to cause confusion. Copyrights are infringed when protected works are copied, distributed, or displayed without permission.
Related Terms§
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Patent: A government authority or license conferring a right or title for a set period, especially the sole right to exclude others from making, using, or selling an invention.
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Copyright: The exclusive legal right, given to an originator or their assignee, to print, publish, perform, film, or record literary, artistic, or musical material, and to authorize others to do the same.
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Trademark: A symbol, word, or words legally registered or established by use as representing a company or product.
Online References§
- United States Patent and Trademark Office (USPTO)
- World Intellectual Property Organization (WIPO)
- Electronic Frontier Foundation (EFF) - Patents
Suggested Books for Further Studies§
- Patent Law Essentials: A Concise Guide by Alan L. Durham
- Intellectual Property: Patents, Trademarks, and Copyrights by Richard Stim
- Patent it Yourself by David Pressman
- Patent Law and Policy: Cases and Materials by Robert Patrick Merges and John Fitzgerald Duffy
Fundamentals of Patent Infringement: Business Law Basics Quiz§
Thank you for delving into the complex and intriguing world of patent infringement through this detailed overview and challenging quiz. Keep striving for mastery in your understanding of intellectual property laws!
