Definition
Patent infringement occurs when someone makes, uses, sells, offers to sell, or imports a patented invention without authorization while the patent is in force.
Why It Matters Legally
Infringement is the basis for enforcing a patent and seeking damages or an injunction. Determining infringement requires a detailed comparison of the accused product to the patent claims, which drives most patent litigation.
Example Use Case
A manufacturer discovers a competitor selling a device that includes every element of its patented claim and files an infringement lawsuit.
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Related Terms
Direct Infringement, Induced Infringement, Claim Construction, Patent Litigation, Damages