Patent infringement occurs when a person or organization makes, uses, sells, imports, replicates or offers for sale a patented invention without the permission of the patentholder. It violates the exclusive rights granted to inventors under patent law, typically lasting 20 years from the filing date.
There are numerous categories of patent infringement, each with distinct legal implications and consequences. Understanding these types is crucial for both patent holders seeking to protect their exclusive rights and companies aiming to avoid costly legal disputes and infringement litigation.
Direct infringement, the most straightforward and common type, occurs when an unauthorized party makes, uses, sells, imitates, offers for sale or imports a patented product, process, machine or composition exactly as described in the patent claims.
No intent or knowledge of the patent is required for direct infringement; the act per se is enough to constitute the violation. For instance, if a company makes a product that incorporates all elements of a patented invention, it directly infringes the patent, regardless of whether or not it was aware of the patent's existence.
Direct infringement may be further categorized, on the basis of how closely the accused product or process matches the patent's claims, into two types:
Non-literal infringement is based on the Doctrine of Equivalents. Courts use this doctrine to prevent infringers from evading liability through minor or insubstantial changes to the patented invention.
On the other hand, indirect infringement involves a party who does not directly infringe, but rather helps or encourages another to do so. It includes two subtypes: contributory infringement and induced infringement.
Contributory infringement occurs when a party sells, supplies or offers to sell a component or material specifically intended to be used in a patented invention. In other words, in this type of infringement, the infringer knows that: (i) the infringing element is specially made or adapted for use in the patented invention; and, (ii) the component has no substantial non-infringing use. For example, selling a specialized microchip included only in a patented device could be contributory infringement.
Contrarily, induced infringement involves actively and intentionally aiding, persuading or encouraging another party to infringe a patent. This could include providing instructions, advertisement or technical support. In induced infringement, the aggrieved patent holder must prove that the accused infringer had: (ii)knowledge of the patented invention; and, (ii) intentionally induced others to infringe.
If it is found that the infringer has knowingly and deliberately infringed a patent, then it is wilful infringement. Willfulness is determined based on several factors, such as, the infringer's conduct, past instances, attempts to avoid infringement, respect for IP, etc. In such cases, a court can award enhanced damages punitively.
On the flip side, the infringement may be unintentional too on occasion.
In summary, it is crucial to know the various forms of patent infringement for navigating the complex landscape of patent law and safeguarding IP rights.
At BLAZEVENTURES, we have elaborate processes and qualified professionals for advising inventors and enterprises on “patent infringement litigation” cases and trials.
