Definition

Noun: - The act of violating the exclusive rights secured by a patent: This refers to the unauthorized making, using, offering for sale, selling, or importing of a patented invention within the country that granted the patent, during the term of the patent.

Usage

• Patent infringement is a legal cause of action. It typically requires the patent holder to prove that the accused party performed one of the prohibited acts without permission.
• The term is used in legal, business, and technological contexts to describe a violation of intellectual property law.

Examples

• The company filed a lawsuit for patent infringement against its competitor.
• Defending against a claim of patent infringement can be very costly.
• The court found clear evidence of patent infringement and awarded damages to the inventor.

Advanced Usage

• Literal infringement: Occurs when every element of a patent claim is found in the accused product or process.
• Doctrine of equivalents: A legal doctrine where a product or process that does not literally infringe may still be found to infringe if it performs substantially the same function in substantially the same way to achieve the same result.
• Willful infringement: An intentional or reckless violation of patent rights, which can lead to enhanced damages.

Variants and Related Words

• Infringer (noun): The party accused of committing patent infringement.
• Infringe (verb): To commit an infringement. (e.g., )
• Non-infringement (noun): A state or declaration of not violating patent rights. (e.g., )

Synonyms

• Violation of patent rights
• Patent violation
• Usurpation of patent (less common)

Related Phrases and Concepts

• Patent litigation: The process of taking legal action concerning patents, which often involves claims of infringement.
• Cease and desist letter: A formal demand to stop alleged infringing activity, often sent before filing a lawsuit.
• Prior art: Existing knowledge relevant to a patent's claims, which is used to determine a patent's validity and can be a defense against an infringement claim.

Noun

1. violation of the rights secured by a patent