Patent Infringement

The word "infringement" means an encroachment upon the domain of a patentee that is described by the claims of her/his patent. If a patent is compared to a real property, the claims are similar to the boundary recited in the deed. If one commits invasion to the boundary of a landowner's real estate, he is said to trespass. An invasion of a patentee's claims, on the other hand, is called infringement. Both are civil wrongs or "torts." Unlike a trespass, patent infringement is a statutory wrong and is governed by federal law. US Law defines patent infringement as "whoever without authority makes, uses, or sells any patented invention, within the United States during the term of the patent therefore, infringes the patent."

When someone engages in activities that they are excluded from doing to the patented invention, they are said to have infringed the patent. A patent may be 'literally' infringed by a device or process that falls within the literal scope of one or more of the patents claims. In patent infringement you can file a civil action in a district court. In defense, the defendant can claim that his invention does not infringe the patent, or that the patent itself is invalid.

A successful patent infringement suit typically results in a permanent injunction prohibiting the defendant from committing further acts of patent infringement. A successful plaintiff can also obtain monetary damages to compensate for the harm caused by patent infringement.

A determination of patent infringement undergoes a two-step process. First, the claims are analyzed by studying all of the relevant patent documents. Second, the claims must "read on" the accused device or process. This simply means that the device or process is examined to see if it is substantially described by the claims; in other words, the claims are tested to see whether they describe the accused patent infringement.

Infringement can be direct, indirect, or contributory. Anyone who makes, uses, or sells the patented invention is called direct infringer. If a person actively encourages another to make, use, or sell the invention, the person so inducing is liable for indirect infringement. Contributory infringement can be committed by knowingly selling or supplying an item for which the only use is in connection with a patented invention. Good faith or ignorance is no defense for direct infringement, but it can be used for indirect or contributory patent infringement cases.

The remedies for patent infringement consist of:
1. Injunctive relief,
2. damages (including treble damages for willful infringement),
3. attorneys' fees in some cases, and
4. court costs.

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