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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]
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 ...
An intellectual property (IP) infringement is the infringement or violation of an intellectual property right. There are several types of intellectual property rights, such as copyrights, patents, trademarks, industrial designs, plant breeders rights [1] and trade secrets. Therefore, an intellectual property infringement may for instance be one ...
Global-Tech Appliances, Inc. v. SEB S.A., 563 U.S. 754 (2011), is a United States Supreme Court case. [1] The case considered whether a party, in order to "actively [induce] infringement of a patent" under 35 U.S.C. § 271(b), [2] must know that the induced act constitutes patent infringement, or whether deliberate indifference to the existence of a patent can be considered a form of actual ...
U.S. Patent and Trademark Office Director Kathi Vidal said on Tuesday that intellectual property rights (IPR) continue to be a main concern for U.S. businesses in China, and they face significant ...
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.
Under Section 287(c) of the Patent Act, however, a claim of patent infringement cannot be maintained against a medical practitioner for performing a medical activity, or against a related health care entity with respect to such medical activity, unless the medical practitioner is working in a clinical diagnostic laboratory. [44]