Patent infringement is considered to be a kind of breach that includes the unethical use, sale, production, or a sale offer of a particular property that belongs to another’s patent. There are three main categories of patents such as design patents, utility patents, and plant patents.
What does a patent imply?
A patent is a form of protection that safeguards an idea or an invention of an inventor. Patent Trademark Office of any country is responsible for issuing it as per the request of the inventor. An investor needs to file an application to obtain it. Once a patent has been provided, it stays for as long as 20 years from the date of the filing of the patent application.
Why is patent infringement considered as illegal?
Patent infringement is regarded as production or use of an invention that is patented by someone else. When a person uses it without obtaining the permission of the owner or waiver. The fundamental idea behind the breach of the patent is that it prevents unauthorized individuals to use the patent without the knowledge and permission of the patent owner.
How does court determine patent violation?
Once a person finds that his patent has been violated, then he can approach the court. For the determination of the patent infringement, patent infringement attorneys at the court will compare the subject matter protected under the patent with the one used by the “infringer.” If there is found to be an exact match, then the violator is accused of the patent infringement charge.
Different forms of patent breach
Direct Patent Infringement
This is the commonest form of infringement wherein the claims of the patent describe the infringing invention.
Indirect Patent Infringement
This form is divided into two categories:
- Infringement by inducement:
This type of patent infringement is performed by a 3rd party that causes a person to directly breach on a patent. Such type of infringement is seen while selling parts for a patented invention that uses a certain method that violates on a method patent. Here it is not required that the inducer has the intent to infringe on the patent.
- Contributory infringement
It is regarded as a sale of material parts that are used in a patented invention. It does not have any commercial use but requires a high level of guilt.
What should you do when your patent is found to be violated?
Patent infringement poses condition on the person who infringes the patent. He is required to pay compensation amount to recover damages. There are various remedies available to owners that they can exercise against the infringers on the occurrence of the infringement. An infringer would be required to pay compensation in the form of monetary relief, attorney’s fees, equitable relief, etc.
Laws regarding patent infringement can result in significantly higher monetary compensation than other kinds of lawsuits. Understanding about patent and its different categories would prevent one from its breach and monetary compensation.