Contents 1 What Is Patent Infringement? 2 Types of Patent Infringement 3 Basic Features of Patent Infringement 4 How to Judge Patent Infringement? 5 Several Cases of Patent Infringement
What Is Patent Infringement? Patent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. It occurs when someone violates the patent rights an inventor has in his invention by making, using or selling the invention without the patent owner’s permission (or if the patent has been licensed), in a way not permitted by the license.
Types of Patent Infringement1. Direct Infringement 2. Indirect Infringement It directly states that the third It refers to the unfair practice party has willfully or intentionally that does not give a clear stole the technology from the indication that the patent is inventor without his prior bought and sold in the market. permission. It occurs, for instance, when a It occurs when someone directly device is claimed in a patent makes, uses or sells the and a third party supplies a patented invention within the product which can only be United States. reasonably used to make the claimed device.
Direct or Indirect Infringement? Direct Infringement Indirect Infringement • manufacture patented • sell parts that can only be technology; realistically used for a patented • use patented technology; invention; • offer patented technology • sell an invention with instructions for sale; on using a certain method that infringes on a method patent; • sell patented technology; • license an invention that is • import patented technology; covered by another’s patent; • pass off the patented. • sell material components that have been especially made for use in a patented invention and have no other commercial use. These behaviors happen during the term of the patent and within the country that issued the patent.
Basic Features of Patent Infringement 1. Objects of Must be the valid patents! Infringement 2. Infringement Must be patent infringements with the behavior purpose of operation or production! 3. Violation of The behavior is carried out without the legal rules permission of patentees!
Possible Damages of Patent Infringement 1. A huge barrier for independent innovation; 2. A great challenge to the social civilization and sanctity of the law. 3. A damage to the economic laws and law of value. 4. A illegal behavior that destroys the fair and orderly market competitive order. What damages can we expect from patent infringement?
How to Judge Patent Infringement?“Compare Patent Claims ” 5 Principles Doctrine of Equivalents Doctrine of Complete Coverage Doctrine of Compromise Doctrine of Estoppel Doctrine of Superfluity
How to Judge Patent Infringement?A determination of patent infringementinvolves a two-step process:1. The claims are analyzed by studyingall the relevant patent documents;2. The claims must “read on” the accuseddevice or process.In a word, the claims are tested to seewhether they describe the accusedinfringement.
About Patent Claims A preamble that recites the class of the invention, and optionally its primaryDefines the scope of protection properties, purpose, or field.The utmost important both A "transitional" phrase that characterizesduring prosecution and litigation the elements that follow.The possible parts contained A set of "limitations" that togetherin a claim may be: describe the invention. Optionally, a purpose clause that further describes the overall operation of the Invention.
Legal Responsibilities That Infringers Will TakeWhen patent infringement happens, the patentee may sue for relief in the appropriate Federal court. Administrative Responsibility Legal Responsibilities Civil Criminal Responsibility Responsibility
Remedies of Patent Infringement Monetary Relief Equitable Relief Cost & Attorney’s Fees1. Compensatory damages 1. Preliminary injunctions Costs are typically-- a patent owner may recover 2. Permanent injunctions recoverable and in rarelost profits or infringement cases where there has been willful infringement , so are2. Increased damages attorney’s fees.-- up to three times thecompensatory damages canbe recovered in cases of willfulor deliberate infringement
Several Cases of Patent Infringement Time: 2011 Time: 2010 Time: 2009 Event: Huawei filed Event: Apple filed a Event: Nokia sued lawsuits in Germany, lawsuit against HTC Apple for violation of France and Hungary for infringing on 20 10 patents it holds on against ZTE for Apple patents related several wireless infringing a series of to the iPhone’s user technologies. its patents relating to interface, underlying data card and LTE architecture and technologies. hardware.
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