What is Patent Infringement?
When your patent application is approved, you gain certain rights in your invention. Nobody has a right to directly or indirectly infringe your patent. If they do, you can file a lawsuit against them, both to get them to stop and to receive damages.
A patent infringement is any prohibited act with respect to a patent. The only way that someone other than the patent holder can use the invention is through a license that they negotiated. If someone is violating your patent rights, you must take action to enforce them. Otherwise, they will get away with profiting off your hard work.
Direct infringement is when someone makes, uses, or tries to sell something without obtaining a license from the patent holder. One can do this willfully (which could make their penalties in a lawsuit even worse) or without intent. Regardless of whether one purposefully tried, they can still be responsible when their patent infringement damages you.
One does not have to directly infringe on a patent to do something wrong. Indirect infringement is when someone helps or induces someone else to commit patent infringement. If someone is an active part of any patent infringement, they could be made to pay for it.
Before you take any legal action, you need to understand what really happened and who was responsible for it. Patent infringement cases can be technically complex, especially when the defendant claims that their invention or technique is different from yours. There are numerous legal doctrines that come into play in patent infringement lawsuits that an attorney would know how to bring into court if necessary.
The attorneys at Collaborative IP have a nationwide practice, helping individuals and businesses with their intellectual property needs. To learn how we can help you, message us online today or call us at 406.285.8519.