IP litigation involves protecting and defending intellectual property rights. By IP property rights we mean, patents, trademarks, copyrights, and trade secrets. It is a legal process that resolves disputes related to IP ownership and infringement. Successful outcomes in IP litigation require careful planning and execution of strategies to ensure the protection of one's IP rights.
A patent is a government grant that gives the inventor the exclusive right to make, use, sell, or import an invention for a limited period of time. If someone else makes, uses, sells, or imports the invention without the permission of the patent holder, they are said to be infringing the patent.
Different Types of Patent Infringement
There are three main types of patent infringement: direct infringement, indirect infringement, and contributory infringement.
- Direct infringement occurs when someone makes, uses, sells, or imports the patented invention itself. For example, if a company makes and sells a product that is covered by a patent, they are directly infringing the patent.
- Indirect infringement occurs when someone induces or contributes to another person’s direct infringement. For example, if a company sells a component that is essential to making a patented invention, it may be indirectly infringing the patent if they know that the component will be used to make the infringing product.
- Contributory infringement occurs when someone sells a component that is essential to making a patented invention, even if they do not know that the component will be used to make the infringing product.
Literal Infringement
In order to be found guilty of patent infringement, the infringing product must literally infringe the patent claims. This means that the infringing product must contain all of the elements of the patent claims. For example, if a patent claim recites the steps of “a, b, and c,” the infringing product must include all of those steps in order to be found guilty of literal infringement.
Wilful Infringement
Wilful infringement occurs when someone infringes a patent willfully and intentionally. Wilful infringement can result in increased damages for the patent holder.
Doctrines Related to Patent Infringement
There are a number of doctrines that can affect the outcome of a patent infringement case. Some of these doctrines include:
- The doctrine of equivalents allows a patent holder to sue for infringement even if the infringing product does not literally infringe the patent claims. The doctrine of equivalents applies when the infringing product is substantially equivalent to the patented invention.
- The exhaustion doctrine prevents patent holders from suing for infringement when the patented product has been sold by the patent holder or with their consent.
- The fair use doctrine allows for the limited use of patented inventions without permission from the patent holder. The fair use doctrine applies when the use of the patented invention is for non-commercial purposes and does not harm the patent holder’s market.
Ways to Prevent Patent Infringement
There are a number of things that can be done to prevent patent infringement. Some of these things include:
- Reading patent applications and patents before making, using, selling, or importing a product.
- Obtaining a license from the patent holder to use the patented invention.
- Designing around the patented invention.
- Challenging the validity of the patent.
Conclusion
Patent infringement is a serious issue that can have significant consequences for both the patent holder and the infringer. If you are concerned that you may be infringing a patent, it is important to speak with an attorney from Vakilsearch to discuss your options.
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