Patent Infringement

Patent infringement occurs when someone without authorisation makes, uses, sells, or imports a product or process that falls within the scope of a valid and enforceable patent. In other words, it involves the unauthorised exploitation of an invention that is protected by a patent.

Patent rights: A patent grants the owner exclusive rights to the patented invention for a limited period of time. These rights include the right to exclude others from making, using, selling, or importing the patented invention.

Determining infringement: To establish patent infringement, the patent owner must demonstrate that the alleged infringer's product or process falls within the scope of one or more claims of the granted patent. Claims define the precise scope of protection granted by the patent and describe the specific features and limitations of the invention.

Direct and indirect infringement: Direct infringement occurs when someone directly engages in activities that infringe on the patent claims. Indirect infringement involves contributing to or inducing another party to infringe on the patent.

Patent validity: An alleged infringer may challenge the validity of the patent as a defence against infringement claims. Validity challenges may include arguments that the patent is invalid due to lack of novelty, obviousness, insufficient disclosure, or other grounds.

Remedies for patent infringement: If patent infringement is established, the patent owner may seek legal remedies, including injunctive relief (court orders to stop the infringing activities) and monetary damages. The damages may include actual damages suffered by the patent owner as well as any profits the infringer gained through the infringement. In some cases, courts may award treble damages (multiples of actual damages) in cases of wilful infringement.

Defences against patent infringement: Alleged infringers may raise various defences to patent infringement claims. These defences can include arguments of non-infringement, claiming that the accused product or process does not fall within the scope of the patent claims. Additionally, defendants may argue that the patent is invalid or unenforceable due to technical or legal reasons.

Patent infringement poses significant challenges and consequences in the realm of intellectual property. The unauthorised use or exploitation of a patented invention undermines the rights and investments of inventors and patent owners. To protect their innovations and ensure fair competition, patent owners must remain vigilant in identifying and addressing instances of infringement.