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: 06-26-2018 12:50 AM PDTLaw Library Disclaimer
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