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Patent Infringement

A patent grants its owner the exclusive right to use, make, sell, and license the patented invention for a maximum period of twenty years from the patent's filing date. Patent infringement occurs when someone uses, makes, sells, or distributes a patented invention without the owner’s permission.

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Patent infringement can take several forms. 

 

One type of infringement is literal infringement, which happens when all the elements of a patent claim are precisely replicated in the infringing product or process. 


Another type is infringement under the doctrine of equality, which occurs when the infringing product or process does not literally infringe on the patent claims but performs a similar function in a similar way to achieve similar results as those described in the patent claims.

Types of Patent Infringement

Direct infringement

occurs when a person or entity directly makes, uses, sells, or offers to sell a patented invention without the authorization of the patent owner.

Contributory infringement

occurs when a person or entity supplies or imports a component specially made or adapted to infringe a patented invention.

Induced infringement

occurs when a third party actively encourages or assists another party to infringe a patent, for instance, by providing instructions or equipment enabling infringement of the patent.

Various legal remedies for patent infringement aim to compensate the patent owner and deter others from infringement.

Patent Infringement Remedies

Monetary Damages

Monetary damages paid to the patent holder may cover lost profits or unpaid royalties if the infringer had obtained a license.

Temporary Injunction

A temporary injunction is a court order that stops an alleged infringer from continuing the alleged infringing activity until the patent infringement claim is decided, the injunction requiring the plaintiff to demonstrate irreparable harm, the insufficiency of monetary damages to compensate the patent owner, and that a grant of the temporary injunction would balance the hardships while not harming the public interest.

Legal Costs

Legal costs, including attorney fees, may be awarded if the court finds the infringement willful.

The Patent Trial and Appeal Board (PTAB) is an alternative to federal court for third parties to challenge the validity of a patent.

Post-Grant Patent Proceedings

Post-Grant Review

A post-grant review request challenging a patent’s validity based on prior art, lack of novelty, obviousness, or insufficient disclosure filed within nine months of the patent’s issuance may be granted by the PTAB if it is shown that at least one challenged claim is more likely than not to be deemed unpatentable.

Ex Parte Reexamination

An ex parte reexamination request challenging a patent’s validity based on other patents and printed publications may be filed by the patent owner or a third party with the PTAB. If a significant question of validity is found, the patent owner may modify or cancel the contested claims to overcome the issues without increasing the scope of the patent.

Inter Partes Review

An inter partes review request challenging a patent’s validity based solely on patent and printed publications filed with the PTAB from nine months after the patent's issuance may be granted if there is a reasonable likelihood that a challenge on at least one claim will prevail.

Derivative Proceeding

A derivative proceeding may be initiated at the PTAB by a person who believes that an inventor listed on a patent derived the invention from that person and the listed invention filed a patent application for that same invention before that person.

How TCP Law Can Help

Employing the services of a patent attorney at TCP Law will help you effectively enforce your patent rights. A knowledgeable and experienced patent attorney will also help you evaluate and address any patent infringement claims that have been asserted against you.

 

If you have general patent questions or want to discuss your specific patent matter, please contact me at john@tcplawfirm.com or at 917-612-1059.

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