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35 U.S.C. § 271(b) creates a type of indirect infringement described as "active inducement of infringement," while 35 U.S.C. § 271(c) creates liability for those who have contributed to the infringement of a patent. Both types of indirect infringement can only occur when there has actually been a direct infringement of the patent. [5]
Patent infringement is an unauthorized act of - for example - making, using, offering for sale, selling, or importing for these purposes a patented product. Where the subject-matter of the patent is a process, infringement involves the act of using, offering for sale, selling or importing for these purposes at least the product obtained by the patented process. [1]
In United States patent law, patent misuse is a patent holder's use of a patent to restrain trade beyond enforcing the exclusive rights that a lawfully obtained patent provides. [1] If a court finds that a patent holder committed patent misuse, the court may rule that the patent holder has lost the right to enforce the patent.
Designing around a patent can sometimes be a way to avoid infringing it. Companies or individuals who infringe on intellectual property rights produce counterfeit or pirated products and services. [3] An example of a counterfeit product is if a vendor were to place a well-known logo on a piece of clothing that said company did not produce.
The economics surrounding a single patent, or group of patents, revolves around the balance between the expense of maintaining the patent(s), and the income derived from owning that/those patents. [7] Similarly the economics of whether to seek a patent present similar concerns with the added up-front costs of obtaining the patent.
The David vs. Goliath battle over the Apple Watch has reached President Joe Biden’s desk–and, now, the halls of Congress.
For example, "up to three times the amount found or assessed" may be awarded by a court in the United States for willful patent infringement. [4] The idea behind the creation of such damages is that they will encourage citizens to sue for violations that are harmful to society in general, [ 5 ] and deter the violator from committing future ...
Patent applications can be filed at the United States Patent and Trademark Office (USPTO). Prior to June 7, 1995, the duration of a US utility patent was 17 years from patent issuance. Since that date, the duration of the US utility patent is 20 years from the earliest effective filing date.