
In law, a patent infringement occurs when the subject-matter claim (patent)ed in a patent has been utilized by someone other than the rightholder, without the owner's approval or in disagreement with the terms of use given by the owner. Depending on the patent laws in the country where the ''patent infringement'' has taken place, the owner of the patent may take action in equity or in law such as an injunction or lawsuit against those who did the infringement. In United States law, an infringement may occur where the defendant has made, used, sold, offered to sell, or imported the infringing invention or its equivalent. No infringement action may be started until the patent is issued. == Defenses == The single most common defense to patent infringement is a counter-attack on the patent itself, i.e., the validity of the patent and the allegedly infringed claims. Even if the patent is valid, the plaintiff must still prove that every element of at least one claim was infringed and that such infringement caused some sort of damage. In case of a medical procedure patent issued after 1996, a U.S. infringer may also raise a statutory research exemption defense to infringement. == Contributory infringement == Under certain jurisdictions, there is a particular case of patent infringement, called "contributory infringement", "indirect infringement" or "induced infringement". This can occur for instance when a device is claimed in a patent and when a third party supplies a product which can only be reasonably used to make the claimed device. In the United States, USC 35 § 271(b) defines (active) induced infringement: "Whoever actively induces infringement of a patent shall be liable as an infringer." == See also == * Adverse inference * Anton Piller order (common procedure in certain countries to obtain proofs of infringement) * Cease and desist * Doctrine of equivalents * Exculpatory opinion (patent) * Inequitable conduct (patent) * Patent defense * Patent litigation * Research exemption Patent law
== Taking legal action == I am a bit surprised at this: ''Depending on the patent laws in the country where the patent infringement has taken place, the owner of the patent may take legal action against those who did the infringement.'' Is there really a country where it isn't possible to take legal action to protect its own right against infringement? --User:Edcolins 21:18, Sep 17, 2004 (UTC)
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Words begining with Patent_infringement:
Patent_infringement
Patent_infringement
Patent infringement
In law, a patent infringement occurs when the subject-matter claim (patent)ed in a patent has been utilized by someone other than the rightholder, without the owner's approval or in disagreement with the terms of use given by the owner. Depending on the patent laws in the country where the ''patent infringement'' has taken place, the owner of the patent may take action in equity or in law such as an injunction or lawsuit against those who did the infringement. In United States law, an infringement may occur where the defendant has made, used, sold, offered to sell, or imported the infringing invention or its equivalent. No infringement action may be started until the patent is issued. == Defenses == The single most common defense to patent infringement is a counter-attack on the patent itself, i.e., the validity of the patent and the allegedly infringed claims. Even if the patent is valid, the plaintiff must still prove that every element of at least one claim was infringed and that such infringement caused some sort of damage. In case of a medical procedure patent issued after 1996, a U.S. infringer may also raise a statutory research exemption defense to infringement. == Contributory infringement == Under certain jurisdictions, there is a particular case of patent infringement, called "contributory infringement", "indirect infringement" or "induced infringement". This can occur for instance when a device is claimed in a patent and when a third party supplies a product which can only be reasonably used to make the claimed device. In the United States, USC 35 § 271(b) defines (active) induced infringement: "Whoever actively induces infringement of a patent shall be liable as an infringer." == See also == * Adverse inference * Anton Piller order (common procedure in certain countries to obtain proofs of infringement) * Cease and desist * Doctrine of equivalents * Exculpatory opinion (patent) * Inequitable conduct (patent) * Patent defense * Patent litigation * Research exemption Patent law
Patent infringement
== Taking legal action == I am a bit surprised at this: ''Depending on the patent laws in the country where the patent infringement has taken place, the owner of the patent may take legal action against those who did the infringement.'' Is there really a country where it isn't possible to take legal action to protect its own right against infringement? --User:Edcolins 21:18, Sep 17, 2004 (UTC)
See other meanings of words starting from letter:
P
PA | PB | PC | PD | PE | PF | PG | PH | PI | PJ | PK | PL | PM | PN | PO | PR | PS | PT | PU | PW | PX | PY | PZ |Words begining with Patent_infringement:
Patent_infringement
Patent_infringement
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