💡intro to intellectual property review

key term - Patent Infringement

Definition

Patent infringement occurs when someone makes, uses, sells, offers to sell, or imports a patented invention without the permission of the patent owner. It is the unauthorized use or exploitation of a patented invention, which violates the exclusive rights granted to the patent holder.

5 Must Know Facts For Your Next Test

  1. Patent infringement can occur even if the infringing product or service is not identical to the patented invention, as long as it contains all the essential elements of the patented claims.
  2. The patent owner bears the burden of proving that infringement has occurred, and the alleged infringer may have defenses such as invalidity of the patent or experimental use.
  3. Remedies for patent infringement can include injunctions to stop the infringing activity, monetary damages, and in some cases, treble (triple) damages for willful infringement.
  4. The America Invents Act introduced new administrative procedures, such as inter partes review, that allow third parties to challenge the validity of a patent and potentially avoid infringement.
  5. Patent trolls, or non-practicing entities, are entities that acquire patents primarily to enforce them against alleged infringers, rather than to produce or use the patented invention.

Review Questions

  • Explain how patent infringement relates to the foundations of patent protection and the democratic nature of the U.S. patent system.
    • The foundations of patent protection are built on granting inventors exclusive rights to their inventions for a limited time, in exchange for publicly disclosing the invention. Patent infringement directly undermines this core purpose by allowing others to exploit the patented invention without the patent owner's permission, thereby eroding the incentives for innovation that the patent system aims to foster. Additionally, the democratic nature of the U.S. patent system, which allows anyone to obtain a patent, also means that patent owners must be able to effectively enforce their rights against infringers to maintain the system's integrity and fairness.
  • Describe how the decision to enforce a patent and the process of getting started with patent enforcement relate to the issue of patent infringement.
    • When a patent is infringed, the patent owner must decide whether and how to enforce their patent rights. This decision-making process involves carefully evaluating the potential benefits and risks of enforcement, such as the likelihood of success, the potential damages, and the potential impact on the market. The process of getting started with patent enforcement, which may include sending cease-and-desist letters, negotiating licensing agreements, or initiating legal proceedings, is directly tied to addressing and remedying patent infringement. Effective enforcement is crucial for patent owners to maintain the exclusivity and value of their patented inventions.
  • Analyze how the rise of patent trolls and efforts to thwart them are connected to the issue of patent infringement.
    • The phenomenon of patent trolls, or non-practicing entities that acquire patents primarily to enforce them against alleged infringers, is directly related to the issue of patent infringement. Patent trolls often target companies that are already using technologies that may infringe on their patents, threatening litigation and demanding licensing fees. This practice, known as 'patent trolling,' has been criticized for exploiting the patent system and stifling innovation. In response, various efforts have been made to thwart patent trolls, such as the implementation of new administrative procedures like inter partes review, which allow third parties to challenge the validity of patents. These efforts aim to curb abusive patent enforcement and ensure that the patent system remains focused on promoting innovation, rather than enabling opportunistic patent infringement claims.

"Patent Infringement" also found in: