What is an example of patent infringement?
Making, using, selling, trying to sell, or importing something without obtaining a license from the patent holder is considered direct patent infringement. The offender must complete this act willfully and within the United States.
What is the meaning of patent infringement?
Patent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. Permission may typically be granted in the form of a license.
What is the punishment for patent infringement?
Patent infringement is not a crime, so there are no criminal penalties.
What are the two types of infringement?
Types of Patent Infringement
- Direct Infringement: As any patent lawyer will tell you, this is the most obvious form of unauthorized use.
- Indirect Infringement: There are actually two types of indirect infringement.
- Willful and Literal Infringement: Willful infringement involves the concept of intention.
What happens if you infringe on a patent?
Being accused of patent infringement can be serious and have grave consequences. You could be liable for damages, including lost profits or reasonable royalties, maybe even attorneys’ fees or treble damages. You could even be subject to an injunction. There are, however, a number of defenses to such an accusation.
What happens if you accidentally violate a patent?
When such accidental infringement occurs, patent law holds the infringer strictly liable. This contrasts with many areas of tort law where defendants are only liable if they act negligently.
What is not infringement of patent?
Under scetion107A (b) of the Indian Patents Act, 1970 the importation of patented products by any person authorized by the patent owner or the licensee of the patent owner to any country will not be considered as an infringement.