Patents are granted to protect the rights of inventors and businesses that create unique and useful products for society. However, there are times when others infringe on a patent, and patent holders may pursue legal action against another entity for patent infringement. Detecting the act of infringement through public information and gathering the necessary evidence to establish that an infringement has occurred is crucial. This could result in monetary damages being awarded to the patent holder or an injunction being ordered against the infringement.
Definition and Importance
Definition of Patent Infringement
Patent infringement is the unauthorized act of making, using, selling, or importing a patented invention without the permission of the patent owner. This can include direct infringement, where an individual or entity directly uses or sells the patented invention, or indirect infringement, where an individual or entity induces or contributes to the infringement of a patented invention by another party.
Examples of Patent Infringement
Examples of patent infringement include:
- A company manufacturing and selling a product that is identical to a patented invention without obtaining a license from the patent owner.
- An individual using a patented process to create a product without permission from the patent owner.
- A company importing a patented invention into the United States without permission from the patent owner.
Importance of Understanding Patent Infringement
Understanding patent infringement is crucial for patent owners, as it allows them to protect their intellectual property rights and prevent others from profiting from their inventions without permission. It is also important for individuals and companies to understand patent infringement to avoid accidentally infringing on existing patents and to ensure that they are not liable for patent infringement.
Patent Infringement Lawsuit Basics
When patents are issued by the U.S. Patent and Trademark Office (USPTO), they are set to last for a certain number of years. Utility and plant patterns are granted for a period of 20 years, and design patents are granted for 14 years.
Patent infringement occurs if another party, aside from the patent holder, users, makes, or sells a patented item without permission from the patent holder. When a patent holder discovers that someone is infringing on their patent, they may choose to file a lawsuit against the infringing party to stop their activities as well as to recover compensation for the unauthorized use of the patent. Patent lawsuits can be complex and lengthy, often taking three to five years from complaint to appeal. Plaintiffs may seek out ‘rocket dockets’ to expedite the process. Intellectual property is governed by federal law in the United States, so the patent holder will file the lawsuit in federal court.
Patent holders must bring an infringement lawsuit against the other party within six years from the date the infringement occurs. If a lawsuit is not filed within this six-year timeframe, the patent holder will be barred from recovering any compensation for their losses.
In general, a patent infringement lawsuit proceeds forward like any other litigation in federal court. However, the complicated matters surrounding patents are usually reserved for the court, though there are times when aspects of patent litigation are heard by a jury. Learn more by speaking with an experienced Orange County intellectual property lawyer at our firm.
Types of Direct Patent Infringement
There are various ways that a patent can be infringed on, including the following:
- Direct infringement. This occurs any time a product covered by a patent is manufactured without the patent holder’s permission. Direct patent infringement is the most straightforward form of patent infringement, involving the sale, offer to sell, or importation of components essential to a patented invention.
- Indirect infringement. This occurs if a person induces infringement by encouraging or aiding somebody else in infringing a patent. Induced infringement involves actively encouraging or facilitating another party to infringe on a patent, such as by supplying manufacturing blueprints or assisting in patent violations.
- Contributory infringement. This type of infringement occurs when one party supplies a patent infringer with a part that has no substantial non-infringing uses.
- Literal infringement. This type of infringement exists if there is direct correspondence between the words in the patent claims and the item that is infringing the patent.
Even if an invention is not a literal infringement of a patent, it could still be considered a patent infringement through the “doctrine of equivalents.” This would apply to an object that performs a substantially similar task to achieve similar results. However, the court will need to determine whether the infringement in the case was willful.
Willful infringement of a patent is typically defined as an intentional disregard for the rights of the patent holder. A willful infringement usually involves direct and intentional copying of a product as well as the continued use of the product after notice of infringement.
If a court finds that there has been patent infringement, then the infringer will usually have to pay damages to the patent holder. This will come in the form of either actual damages or a royalty for unauthorized use. Determining the total amount of compensation in these cases can be complicated, but a skilled patent attorney will help calculate the estimated losses the patent holder has incurred and help negotiate a fair settlement.
Direct Infringement
Direct infringement occurs when an individual or entity directly uses or sells a patented invention without permission from the patent owner. This can include making, using, selling, or offering to sell a patented invention. Direct infringement is the most obvious type of patent infringement and is often the easiest to prove.
How Callahan & Blaine Can Help with Patent Infringement
If you believe your patent has been infringed upon, it’s crucial to act quickly and consult with experienced legal professionals. At Callahan & Blaine, we have a proven track record in handling complex intellectual property cases, including patent infringement disputes. With over 40 years of experience, our attorneys are well-versed in navigating the intricacies of patent law, ensuring your intellectual property rights are protected.
Our team has helped clients achieve multi-million dollar settlements and defend their inventions in high-stakes litigation. If you’re facing patent infringement or need to understand your legal options, don’t hesitate to contact us. We’ll assess your case, provide strategic advice, and guide you toward the best possible outcome. Reach out today at (714) 241-4444 or through our contact form.
