Monday, June 5 2023   \  Published by Sagacious IP.

Direct and Indirect: Understanding the Types of Patent Infringement

Direct and Indirect: Understanding the Types of Patent Infringement

Failing to initiate legal action against patent infringement can have severe consequences, including loss of IP rights. Thus, it is imperative for patent owners to commence litigation as soon as the signs of infringement emerge. But before initiating action, it is critical for patent owners to understand the different types of patent infringement to spot them in the market. The US statute talks of direct and indirect patent infringement and establishes the criteria for the same.

This article covers patent infringement as well as its different types. You will also learn how diligent patent drafting can help you optimize patent protection and avoid all forms of infringement.

Understanding Patent Infringement

Patent infringement is the act of trespassing on the rights of an inventor. This may include violation by third parties without the consent or license from the patent holder. Patent infringement trials generally revolve around two key aspects. The first of these is the patented invention and is a question of law. This is determined and interpreted by the courts based on the patent elements, such as the specification of the claims and description of the invention, annexed to the court via the granted patent. The second is the fact to be submitted to the court. As a patent confers several rights on the patentee to keep others from practicing the invention, the onus lies on the patentee to show the evidence of patent infringement, either literal or equivalent. Read more

Ready to Get Started?

Contact Sales