Having a patent gives you the right to prevent others from making, using, or selling your patented invention.
If a company or individual does one of these things, the patent owner may have a cause of action for patent infringement.
If you believe someone has infringed on your patent or if you have been accused of patent infringement, reach out to an experienced patent litigation lawyer as soon as possible.
Your lawyer can evaluate the claim and provide you with legal advice.
At TPLF, we can provide you with that advice.
We have been advising clients on patent infringement related issues for more than 25 years.
Please give us a call – we would be happy to talk to you. The initial consultation is at no charge.
What Is a Patent?
The United States Patent and Trademark Office (USPTO) grants patents to inventions that are new, useful, non-obvious, and not excluded from patent eligibility under federal law.
A utility patent typically lasts for 20 years from filing of the application.
What Are the Different Types of Patent Infringement?
There are several types of patent infringement. Infringement can be direct or indirect, and it can be literal or under the doctrine of equivalents.
Direct v. Indirect Infringement
Direct infringement occurs when someone directly violates your patent rights. That is, they make, use, sell, offer to sell or import your patented invention.
Indirect infringement occurs when someone provides support for a directly infringing activity. Indirect infringement can be through inducement or contributory infringement.
Induced infringement occurs when a party with knowledge of the patent encourages or influences someone else to commit acts of infringement. For example, the person might provide someone with instructions for creating the patented invention.
A person commits contributory infringement when they supply components of a patented invention knowing that the components will be used to infringe a patent. For contributory infringement to exist, the component must have no substantial non-infringing uses. For example, if someone sold a product that would be useful only if combined into a patented product, that might be considered contributory infringement.
Literal v. Equivalent Infringement
Literal infringement occurs when a device or process literally meets every limitation in a patent claim. If even one component is different, it cannot be considered literal infringement.
Infringement under the doctrine of equivalents
If someone has not literally infringed a patent, there still may be infringement under the doctrine of equivalents. Equivalent infringement may occur when the corresponding pieces of the accused product or process are not substantially different from the corresponding limitation in the claim of the patent.
What Is The Effect Of Willful Patent Infringement?
In the case of willful infringement, a court can triple the amount of damages that it would normally award to a patent holder.
Infringement is not literally willful if an infringer had a good faith belief that it was not violating the patent or that the patent was invalid. In that case, they may still be liable for infringement.
What Types of Remedies Are Available for Patent Infringement?
Remedies for patent infringement may include injunctive relief and damages.
An injunction orders someone to stop their infringing actions.
Money damages are typically awarded for patent infringement under the patent laws, a patent owner is entitled to at least a reasonable royalty. Additionally, in certain instances, a patent owner may be able to recover lost profits from an infringer.
How Can The Polasek Law Firm Help You?
John (Ted) Polasek has spent the past 25 years working on all types of patent infringement cases.
He has experience with both enforcing patents and defending accused infringers.
Ted believes in providing one-on-one personalized service for each client.
Call or contact The Polasek Law Firm today to set up a free consultation with Ted and learn how he can help with your patent infringement case.