Patent Infringement

A patent can be infringed only after it has been issued. Making, using, or selling an invention before a patent has been issued for an invention is nonactionable. Similarly, once the patent has expired, anyone is free to make, use, or sell the invention. Thus, there is a limited period during which patents are protected.

Similar to copyright infringement, patent infringement does not require intent to infringe. An innocent infringement is infringement nonetheless, although knowledge of infringement has a bearing on damages assessed. Infringement may be direct, as occurs when another wrongfully makes, uses, or sells the patented item, or infringement may be indirect, as when a party sells a component that is used in a patented ...

Get Protecting Your Company's Intellectual Property: A Practical Guide to Trademarks, Copyrights, Patents & Trade Secrets now with the O’Reilly learning platform.

O’Reilly members experience books, live events, courses curated by job role, and more from O’Reilly and nearly 200 top publishers.