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A person who practices that invention without the permission of the patent holder infringes that patent. More specifically, an infringement occurs where the defendant has made, used, sold, offered to sell, or imported an infringing invention or its equivalent. [1] No infringement action may be started until the patent is issued.
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.
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]
Patent misuse is a patent owner's improper use of patent rights, speaking very generally, to expand the scope or term of the patent. Examples of such patent misuse include forcing customers to agree to pay royalties on unpatented products or to pay royalties on an expired patent.
American Intellectual Property Law Association (AIPLA) - Patent Registry Scams; Australian Patent Office - Warning!Unsolicited IP Services; Belgian Patent Office - Warning to inventors about fraudulent registration services, in (in Dutch) or (in French) (with link to a Decision of January 14, 2005 of a Belgian Appeal Court (Brussels, R.G. 2003/AR/2192 and 2003/AR/2356) (pdf) - in French)
Fraud detection is a knowledge-intensive activity. The main AI techniques used for fraud detection include: . Data mining to classify, cluster, and segment the data and automatically find associations and rules in the data that may signify interesting patterns, including those related to fraud.
The issue of novelty often arises during patent examination, because of inadvertent and/or partial disclosures by inventors themselves prior to filing a patent application. [citation needed] Unlike the laws of most countries, the US patent law provides for a one-year grace period in cases of inventor's own prior disclosure. [28]
The only substantial issue was the validity of the patent, and that ultimately turned on whether Monsanto had committed fraud on the Patent Office in procuring the patent. [2] The application that resulted in the '280 patent was the third of three successive applications, the first two of which were unsuccessful.