Overview of patent infringement
Overview of patent infringement
Overview of patent infringement
OVERVIEW OF PATENT INFRINGEMENT
Patent infringement is the payment of an illegal act with respect to a patented invention without authorization from the patent holder. Permission may usually be granted in the form of a license. The description of patent infringement may vary by authority, but it normally includes using or selling the patented innovation. In many countries, a use is requisite to be marketable (or to have a commercial purpose) to comprise patent infringement.
The capacity and future of the patented invention or the degree of protection is defined in the claims of the granted patent. In other words, the provisions of the claims notify the public of what is not acceptable without the agreement of the patent holder.
Patents are protective and territorial, so infringement is only possible in a state where a patent is in force. For example, if a patent is filed in the United States, then any person in the United States is outlawed from making, using, selling or importing the patented item, while people in other countries may be free to create the original item in their country. The extent of protection may vary from country to country, because the patent is examined by the patent office in each country or region and may have some distinction of patentability, so that a granted patent is easier said than done to implement worldwide.
Elements of Patent Infringement
Typically, any person or party which manufactures, imports, uses, sells, or offers for sale patented technology, during the term of the patent and within the country that issued the patent, is measured to infringe the patent.
The examination varies from country to country, but in general it requires that the infringing party's product (or method, service, and so on) falls within one or more of the claims of the patent. The procedure employed involves "reading" a claim onto the know-how of interest. If all of the claim's elements are found in the technology, the claim is said to "read on" the knowledge if a single element from the claim is missing from the technology, the claim does not literally read on the knowledge and the know-how does not infringe the patent with respect to that claim.
In response to allegations of infringement, an accused infringing party will normally assert one or more of the following:
1. it was not practicing the patented invention;
2. it was not performing any infringing act in the region covered by the patent;
3. the patent has expired;
4. the patent is invalid, because the invention in question does not meet patentability or includes a formal imperfection, rendering the patent invalid or unenforceable;
5. it has obtained a certify under the patent;
6. the patent holder is infringing patent rights belonging to the accused infringing party, and the party may decide the dispute in resolution or cross-licensing.
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