Patent infringement occurs when someone violates the rights of a patent owner without consent, focusing on unauthorized acts like making or selling patented inventions. There are three types of infringement: direct, which involves a single entity performing all steps without authorization; and indirect, which includes induced and contributory infringement where the defendant encourages or contributes to the infringement. The patent owner must prove infringement and whether it is direct or indirect, with specific legal definitions outlined in 35 US Code § 271.

1. Direct and Indirect: Understanding the
Types of Patent Infringement
Patent infringement occurs when someone violates the rights of a
patent owner without their consent or license. It may involve third-
party use of the patented invention. Patent infringement cases usually
focus on two main aspects: the patented invention and the evidence
presented to the court. The courts interpret the patented invention
based on the patent elements, including claims and descriptions. The
patent owner bears the burden of proving patent infringement, either
literally or equivalently, as the patent gives them the right to prevent
others from practicing the invention.
35 US Code § 271 defines patent infringement as unauthorized acts
such as making, using, offering to sell, or selling any patented
invention within the US or importing any patented invention into the
country during the patent term. The statute covers three types of
infringement: direct, induced, and contributory infringement.
Direct Infringement
Direct infringement occurs when a single entity performs all steps of a
claimed method or process without authorization. It is a wrongful act
that does not require finding knowledge or intent to rule in favor of the
plaintiff. The court broadly interprets the term “uses” to hold third
parties liable for direct infringement, even if all elements are not

2. present. However, for process claims, direct infringement requires the
performance of each step by the third party.
Indirect Infringement
Indirect infringement occurs when a defendant participates in or
encourages infringement without directly infringing the patent. A
plaintiff claiming infringement must prove that the defendant was
aware of the existence of a patent and continued to infringe indirectly.
Indirect infringement includes induced and contributory infringement.
Induced infringement is when the infringer attempts to bring about
new steps to arrive at the desired result. Contributory infringement
occurs when someone sells a component used in a patented product or
process, knowing it is “specially adapted” for use in infringing a known
patent and is not a “staple article or commodity.”
To know more about, read our article on Types of Infringement.