Patent infringement is the unauthorized manufacture, use, sale, or importation of a patented invention.
Whether or not someone infringed on your patent will depend on the scope of the claims of your patent. The claims define your invention, and therefore define the scope of protection your invention receives. In order to infringe on your patent, an invention must infringe on every claim made in your patent. To determine if a new invention infringes on your patent, you must go through two steps:
The meaning and scope of the claims will depend primarily upon the language of the claims. In determining the meaning and scope of your claims, consider the following:
So when you are trying to determine the scope of your claims, you need to look at what the claims actually describe, not what you want them to describe.
While it might seem that a new invention would have to be a duplicate of yours to infringe, it is often sufficient for the new invention to just be substantially similar to yours. An invention can infringe two ways:
If you win a lawsuit against an infringer, you may be entitled to a number of remedies including:
Determining infringement is very technical and complex. An experienced intellectual property attorney will be able to let you know if your rights have been infringed upon and can represent you in court.
Last Modified: 09-29-2016 03:50 PM PDTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.