Types of Patent Infringement

There are different types of patent infringement, and of course each type is considered a violation of current patent infringement laws. Despite the fact that most companies have researchers to avoid it, the incident rate of it is increasing.

Patent infringement is defined as any type of unauthorized use, manufacturing, or sale of a patented item. Direct patent infringement is the most obvious and the most common form of it. The highest percentage of cases involve the direct kind. In the most basic definition, direct patent infringement means the marketing, sale, or commercial use of an exact patented item or invention that performs substantially the identical function.

Indirect patent infringement is categorized into two variations. Indirect patent infringement suggests that there was some amount of either deceit or even accidental patent infringement in the incident. Indirect patent infringement includes infringement by inducement and contributory patent infringement.

Patent infringement by inducement is considered when an action or an activity by a third party causes an act of it. This may mean the sale of parts that in realistic evaluation can only be used for a previously patented invention.

Patent infringement by inducement can also include licensing an invention that has previously been patented, or the sale of an invention which includes instructions that when used specifically infringe on a previously patented invention. By inducement typically means that the inducer willingly and knowingly aided in the infringement but may or may not have specifically intended to violate it.

Contributory patent infringement is typically defined as the sale of materials or components which have no other commercial use than their intended use by the patented invention. Contributory is very similar to induced patent infringement, the basic difference between the two involving the specific intent. Contributory infringement involves a higher level of culpable intent.

The basic types of it are segregated by direct and indirect patent infringement. Direct is usually easier to identify and more prominently accidental. Either way, patent infringement is a serious offense and often ends up in the court room with high damage awards. More

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