Patent infringement
Synoptic IPSimplified Solutions
S I P
Synoptic IP’s knowledge repository and news section
Ankit Saxena...
Patent infringement
• What is patent infringement?
• Type of patent infringement.
• Doctrine of equivalents.
• How to avoi...
What is patent infringement?
• Patent infringement is an unauthorized act of selling, manufacturing,
offering to sell, imp...
Types of patent infringement?
There are two types of patent infringement:
• Direct infringement
• Indirect infringement
– ...
Direct infringement
Direct infringement occurs when an individual in an unauthorized way, use, sell, make, offer to sell i...
Indirect infringement
As the name suggests: “whoever actively induces infringement of a patent shall be liable as an
infri...
Induced infringement
Induced infringement is one in which a middle party (induced infringer) enables (or help, influence o...
Contributory infringement
Contributory Infringement is a type of indirect infringement under which if a party contribute t...
Doctrine of equivalents.
Till now we have learned that infringement is only possible if each and every element of the clai...
How to avoid patent infringement.
• Conduct a freedom-to-operate search:
Before producing a product , seller must get a fr...
For a free trial of our services, please write us at
info@synopticip.com OR
Synoptic Intellectual Patents Pvt. Ltd.
G1 Ide...
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What is Patent infringement & how to avoid it.

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What is Patent infringement & how to avoid it.

  1. 1. Patent infringement Synoptic IPSimplified Solutions S I P Synoptic IP’s knowledge repository and news section Ankit Saxena, Director Synoptic Intellectual Patents Pvt. Ltd. ankit.saxena@synopticip.com +91-9560266647 Synoptic IP SimplifiedSolutions Synoptic IP Simplified searching solution to your IP www.synopticip.com
  2. 2. Patent infringement • What is patent infringement? • Type of patent infringement. • Doctrine of equivalents. • How to avoid patent infringement. Synoptic IPSimplified Solutions S I P Synoptic IP’s knowledge repository and news section Synoptic IP SimplifiedSolutions Synoptic IP Simplified searching solution to your IP www.synopticip.com
  3. 3. What is patent infringement? • Patent infringement is an unauthorized act of selling, manufacturing, offering to sell, importing or using a in-force patented invention without the permission of patent holder. • Since the patents are jurisdiction based, infringement is only possible in a country where patent is in-force. • Technically, all the elements of one or more of the claims of a patent should ‘read’ on the technology. If even a single element of the claim is missing from the technology, it does not infringe on that particular claim(s). Synoptic IPSimplified Solutions S I P Synoptic IP’s knowledge repository and news section Synoptic IP SimplifiedSolutions Synoptic IP Simplified searching solution to your IP www.synopticip.com
  4. 4. Types of patent infringement? There are two types of patent infringement: • Direct infringement • Indirect infringement – Indirect infringement is further of two types: • Induced infringement • Contributory infringement Synoptic IPSimplified Solutions S I P Synoptic IP’s knowledge repository and news section Synoptic IP SimplifiedSolutions Synoptic IP Simplified searching solution to your IP www.synopticip.com
  5. 5. Direct infringement Direct infringement occurs when an individual in an unauthorized way, use, sell, make, offer to sell in a particular jurisdiction or import in that jurisdiction any patented invention without taking permissions from the patent holder. Synoptic IPSimplified Solutions S I P Synoptic IP’s knowledge repository and news section Synoptic IP SimplifiedSolutions Synoptic IP Simplified searching solution to your IP www.synopticip.com 35 U.S. Code § 271 (a) “Except as otherwise provided in this title, whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States or imports into the United States any patented invention during the term of the patent therefor, infringes the patent.”
  6. 6. Indirect infringement As the name suggests: “whoever actively induces infringement of a patent shall be liable as an infringer” OR In other words, not necessarily a company have to infringe a patent directly in order to be an accused infringer. Types of Indirect infringement: • Induced infringement • Contributory infringement Synoptic IPSimplified Solutions S I P Synoptic IP’s knowledge repository and news section Synoptic IP SimplifiedSolutions Synoptic IP Simplified searching solution to your IP www.synopticip.com
  7. 7. Induced infringement Induced infringement is one in which a middle party (induced infringer) enables (or help, influence or ‘induce’) a third party (direct infringer) to practice the patented invention. Where help could be in a form of , assembling the patented product; preparing instructions for consumer use; providing instructions that detail how to produce the patented invention or licensing plans or a process which enable the licensee to produce the patented product or process. Synoptic IPSimplified Solutions S I P Synoptic IP’s knowledge repository and news section Synoptic IP SimplifiedSolutions Synoptic IP Simplified searching solution to your IP www.synopticip.com 35 U.S.C. §271 (b) “Whoever actively induces infringement of a patent shall be liable as an infringer.”
  8. 8. Contributory infringement Contributory Infringement is a type of indirect infringement under which if a party contribute to the infringement of a patent claim may be held liable. Accordingly, a supplier of a particular component is held liable for contributory infringement if the component (1) constitute(s) a material part of the invention; (2) the supplier was aware that the component “was especially made or adapted for use in an infringement of such patent”; (3) the component is not a staple article, and (4) the component was used to commit at least one act of direct infringement. Synoptic IPSimplified Solutions S I P Synoptic IP’s knowledge repository and news section Synoptic IP SimplifiedSolutions Synoptic IP Simplified searching solution to your IP www.synopticip.com 35 U.S.C. §271(c) “Whoever offers to sell or sells within the United States or imports into the United States a component of a patented machine, manufacture, combination or composition, or a material or apparatus for use in practicing a patented process, constituting a material part of the invention, knowing the same to be especially made or especially adapted for use in an infringement of such patent, and not a staple article or commodity of commerce suitable for substantial non-infringing use, shall be liable as a contributory infringer. “
  9. 9. Doctrine of equivalents. Till now we have learned that infringement is only possible if each and every element of the claim reads on or is identical to allegedly infringing device or process. This is called as “literal infringement”. However, infringement is also possible in case where there in no literal infringement, a claim may be infringed under the ‘doctrine of equivalents’ if some other element of the accused device or process performs substantially the same function, in substantially the same way, to achieve substantially the same result. The scope of patent infringement in case of non-literal infringement is sought by considering the following: - the doctrine of "prosecution history estoppel“ - the prior art. Synoptic IPSimplified Solutions S I P Synoptic IP’s knowledge repository and news section Synoptic IP SimplifiedSolutions Synoptic IP Simplified searching solution to your IP www.synopticip.com
  10. 10. How to avoid patent infringement. • Conduct a freedom-to-operate search: Before producing a product , seller must get a freedom-to-operate search conducted by a professional to ensure if they have proper right to practice that invention, if there already exist a patent in the country where seller wish sell the product then he must make sure to get a license from the patent owner or design around his product such that it does not infringe upon the patent. • Insure you IP: As patent infringement cases are becoming more and more popular, also because of the growth of patent troll industry. Several insurance companies have started providing protection to businesses. The policy called “Intellectual Property Insurance” protects a business in the event of a lawsuit against an insured product or process. • Design around your product: Despite the fact that freedom to operate search is conducted to find potential infringing patents and the search is limited only to active or pending patents; expired/inactive patents may allow an inventor to create, change, and/or tweak current processes of the invention to “design around” possible cases of infringement. Synoptic IPSimplified Solutions S I P Synoptic IP’s knowledge repository and news section Synoptic IP SimplifiedSolutions Synoptic IP Simplified searching solution to your IP www.synopticip.com
  11. 11. For a free trial of our services, please write us at info@synopticip.com OR Synoptic Intellectual Patents Pvt. Ltd. G1 Ideal House 69 Nehru Place, New Delhi Delhi-110019 +91-120-454-1298 (India), +44 2032873323 (UK) Patentability/ Novelty Search Invalidity Search Patent Drafting State-of-the-Art/ Landscape Analysis Infringer identification Technology Trend Analysis Freedom-to-Operate Search Claim Charting/EoU Identification Patent Docketing Synoptic IP Simplified searching solution to your IP www.synopticip.com Synoptic IP SimplifiedSolutions Patent Prosecution Support • Patentability/ Novelty search • Patent drafting • Illustrations/ Drawing Preparation • Office Action Response • Infringement Search • Claim charting/ EoU Identification • Freedom-to-Operate Search • Infringers/ Licensee identification • State-of-the-Art/ Landscape Analysis • Technology Trend Analysis • White space/ spot analysis • Patent Filing in India • Patent Docketing • Proof Reading • Alerts and Watches Synoptic IP, is an Intellectual Property Research firm based in India, providing efficacious patent research services to their clients across the globe. We bring a team of dedicated technical experts hailing from meritorious academic backgrounds, committed to provide a diverse range of patent research services. We provide the highest standards of quality assurance to clients with our in-depth understanding of the subject matter in hand and suitably customized services pertaining to varied domains of science and technology. Our state-of-the-art methodologies help us maintain and appraise the quality of a project at every break point and consign precise, glitch-free reports to our clients. About Synoptic IP Research and Analytics Patent Litigation and Licensing support Other service Read more
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