Common Causes of Patent Infringement Issues

Table Of Contents

What Is Direct Patent Infringement?

Direct patent infringement is a common cause of patent infringement issues. Direct patent infringement occurs when a party without authorisation makes, uses, sells, offers to sell, or imports a patented invention. The patented invention falls within the scope of a valid patent claim. The patent holder holds exclusive rights to the patented invention. Any unauthorised activity regarding the patented invention constitutes direct infringement.
Direct patent infringement does not require knowledge of the patent. A direct infringer might not know about the patent. The direct infringer might not intend to infringe the patent. The patent holder still holds exclusive rights. The patent holder still experiences patent infringement issues. Patent holders often pursue legal action against direct infringers.

How Does Literal Patent Infringement Occur?

Literal patent infringement occurs when an accused product or process directly matches every element of a patent claim. The accused product or process copies the patented invention exactly. Literal patent infringement requires no interpretation of the patent claim language. The patent claim language clearly defines the patented invention. A direct comparison shows literal infringement.
Literal patent infringement represents a straightforward form of patent infringement. Patent holders find literal patent infringement easier to prove. The patent holder provides evidence of the accused product’s features. The patent holder compares those features to the patent claim’s elements. A direct match confirms literal patent infringement.

What Is Indirect Patent Infringement?

Indirect patent infringement is another common cause of patent infringement issues. Indirect patent infringement involves a party encouraging or facilitating another party's direct infringement. The indirect infringer does not directly make, use, sell, offer to sell, or import the patented invention. The indirect infringer instead contributes to or induces the direct infringement.
Indirect patent infringement requires the indirect infringer's knowledge of the patent. The indirect infringer knows about the patent. The indirect infringer knows about the direct infringement. The indirect infringer intends to cause the direct infringement. Indirect patent infringement has two main types: contributory infringement and inducement of infringement.

Contributory Patent Infringement Explained

Contributory patent infringement occurs when a party sells a component of a patented invention. The component has no substantial non-infringing use. The party knows the component is especially made for an infringing use. The party knows about the patent. The component directly contributes to another party's direct infringement.
Contributory patent infringement requires specific conditions. The component is a material part of the patented invention. The component does not have a common commercial use. The component does not have a substantial non-infringing use. The party selling the component knows about the patent and the patent's infringement.

What Is Inducement of Patent Infringement?

Inducement of patent infringement is a type of indirect patent infringement. Inducement of patent infringement happens when a party actively encourages or aids another party to directly infringe a patent. The inducing party does not perform the direct infringing act itself. The inducing party causes the direct infringement.
Inducement of patent infringement requires specific intent. The inducing party knows about the patent. The inducing party knows the induced acts constitute infringement. The inducing party intends to induce those infringing acts. Evidence of intent often includes instructions, advertising, or sales materials.

Why Do Prior Art Issues Cause Infringement Problems?

Prior art issues cause patent infringement problems because prior art can invalidate a patent. Prior art refers to any evidence that an invention already existed before the patent application filing date. Prior art includes publications, public uses, or sales of the invention. A patent is invalid if the patented invention was already known or obvious based on prior art.
Prior art issues often arise during patent litigation. An alleged infringer might present prior art evidence. The prior art evidence aims to show the patent is invalid. If the patent is invalid, no patent infringement occurred. Patent holders must conduct thorough prior art searches before filing a patent application.

FAQS

What is the primary cause of patent infringement?

The primary cause of patent infringement is the unauthorised use, making, selling, or importing of a patented invention. This action directly violates the exclusive rights granted to the patent holder. Such unauthorised activity constitutes direct infringement.

How does accidental patent infringement happen?

Accidental patent infringement happens when a party infringes a patent without knowledge of the patent's existence. The infringer might unknowingly develop a similar invention. The infringer might unknowingly use a patented process. Intent to infringe is not a requirement for direct infringement.

What role does patent scope play in infringement?

Patent scope plays a important role in infringement by defining the boundaries of the patented invention. The patent claims precisely describe what the patent protects. Any product or process falling within these defined claims constitutes infringement.

Can design patents be infringed?

Design patents can be infringed when an unauthorised party makes, uses, or sells an article embodying a patented ornamental design. The infringing design must be substantially similar in appearance to the patented design. This similarity is judged from an ordinary observer's perspective.

Why is patent marking important for infringement cases?

Patent marking is important for infringement cases because it provides notice of the patent. Proper patent marking on products or packaging informs the public about the patent. Patent marking can allow a patent holder to claim damages for infringement occurring before actual notice.

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