Patent infringement occurs when someone makes, uses, sells, offers for sale, or imports a patented invention within the United States without the patent owner's authorization during the patent's term — up to 20 years from the filing date. Infringement is defined by the patent's claims, making careful claim analysis essential to any enforcement or defense strategy. Learn about patent protection or contact TCP Law to evaluate a potential infringement situation.

Patent infringement takes several forms. Literal infringement occurs when all elements of a patent claim are precisely replicated. Infringement under the doctrine of equivalents occurs when a product performs a substantially similar function in a similar way to achieve similar results. Direct infringement involves making or selling the patented invention without authorization. Contributory infringement involves supplying components specially adapted for infringement. Induced infringement involves actively encouraging another party to infringe. Contact TCP Law to assess your situation.

Literal infringement requires every element of a patent claim to be precisely replicated in the accused product or process. The doctrine of equivalents extends liability to products that don't literally copy the claims but perform a substantially similar function in a substantially similar way to achieve substantially similar results — preventing competitors from making minor changes to avoid infringement. Both theories are evaluated element by element. Contact TCP Law for a professional infringement analysis.

Contributory infringement occurs when a party supplies or imports a component specially made or adapted for use in infringing a patented invention — even without directly making the patented product. The component must be specifically designed for the infringing use; supplying a generic multi-use part does not typically qualify. Similarly, induced infringement — providing instructions or equipment that enable another party to infringe — also carries liability. Contact TCP Law to evaluate your exposure.

Patent infringement remedies include: monetary damages covering lost profits or unpaid royalties; a temporary injunction stopping the infringing activity while the case is decided; and attorney's fees if the court finds infringement was willful. To obtain a temporary injunction, the patent owner must demonstrate irreparable harm and that monetary damages alone are insufficient. TCP Law handles patent enforcement and can assess your remedies. Send a cease and desist letter as a first step or contact TCP Law.

The PTAB offers four post-grant proceedings. Post-grant review (PGR) must be filed within nine months of issuance. Inter partes review (IPR) is filed after nine months and challenges validity based on patents and printed publications. Ex parte reexamination can be filed at any time by the patent owner or a third party. A derivative proceeding addresses inventorship disputes. Read about PTAB reforms or contact TCP Law.

Inter partes review (IPR) is a PTAB proceeding allowing a third party to challenge an issued patent's validity based on prior art in the form of patents and printed publications. Filed nine months after issuance, IPR is granted when there is a reasonable likelihood the petitioner will prevail on at least one claim. It is commonly used by accused infringers as a faster, less costly alternative to raising invalidity in federal court. Contact TCP Law to discuss filing an IPR petition.

First, have a qualified patent attorney analyze the asserted patent's claims against your product. Infringement requires every claim element to be present — literal or equivalent. Strong defenses may exist, including non-infringement, invalidity based on prior art, or unenforceability. Options include licensing, IPR challenge, designing around the patent, or federal court defense. Contact TCP Law immediately for an assessment.

Ex parte reexamination challenges a patent's validity based on other patents and printed publications and can be filed by the patent owner or a third party at any time. Unlike inter partes review, the third-party requester has limited involvement after initiation. The patent owner may modify or cancel contested claims to overcome issues without increasing scope. Read about PTAB jurisdiction over expired patents or contact TCP Law for guidance.

Yes — the doctrine of equivalents exists precisely to address this. Minor modifications that don't fundamentally change how an invention works are unlikely to avoid infringement if the product performs a substantially similar function in a substantially similar way. Additionally, contributory and induced infringement extend liability beyond direct copying. Whether a modification avoids infringement requires a careful claim-by-claim analysis. Contact TCP Law before making product changes based on this assumption.