Patent Infringement Attorneys
A patent is defined as an official document conferring the exclusive right granted by a government to an inventor to manufacture, use, or sell an invention for a certain number of years. Should a person utilize that invention, without the permission of the patent proprietor, they may infringe that patent .
There are different types of infringement involved in patent infringement; it can be direct or indirect. Indirect infringement can be classified as Induced Infringement or Contributory Infringement. The government may also infringe on a patent.
If a person makes uses or sells something that is already patented, that is Direct Infringement. It is also classified as direct infringement when someone imports an invention that is patented in the US from another country without the authority to do so.
A person who actively pursues someone else to infringe upon a patent is guilty of Indirect Infringement. In the US , Contributory Infringement and Induced Infringement are types of Indirect Infringement.
A person who provides assistance in infringing on a patent is committing Contributory Infringement. Also in the United States , 35 U.S.C. ? 271 (c) defines contributory infringement. It provides that "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 noninfringing use, shall be liable as a contributory infringer."
A person who instructs or advises a third party in the actualization of direct infringement is gulty of induced infringement. In the United States , 35 U.S.C. ? 271 (b) defines (active) induced infringement: "Whoever actively induces infringement of a patent shall be liable as an infringer."
There is also a type of Government Infringement involved in patent infringement. The government can use any patented invention without permission but if this does occur, the patent owner is entitled to compensation from the government.
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