Definition
Direct infringement is infringement committed by a party that itself performs every step or includes every element of a patented claim, regardless of intent.
Why It Matters Legally
Direct infringement is the most straightforward type to prove because intent does not matter. Establishing it requires showing the accused product or process meets every claim element, making claim construction central.
Example Use Case
A factory produces a product that contains all elements of a patented claim, making it a direct infringer even though it did not know about the patent.
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Related Terms
Patent Infringement, Induced Infringement, Contributory Infringement, Claim Construction, Patent Litigation