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Direct Infringement: Key Insights into Patent Law and Enforcement
Definition & Meaning
Direct infringement occurs when someone makes, uses, or sells a patented invention without the permission of the patent owner. This applies to any product, process, apparatus, or composition that is protected by at least one claim in the patent. Importantly, a person can be held liable for direct infringement even if they are unaware of the patent or do not realize their actions are infringing on someone else's rights.
Table of content
Legal Use & context
Direct infringement is primarily relevant in patent law, a branch of intellectual property law. It allows patent owners to take legal action against those who violate their exclusive rights. This can involve civil litigation, where the patent owner seeks remedies such as damages or injunctions to stop the infringing activities. Users may benefit from legal templates provided by US Legal Forms to navigate these situations effectively.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A company produces a new type of smartphone that includes technology patented by another company. If the second company has not authorized the first company to use their patented technology, the first company is liable for direct infringement.
Example 2: An individual sells a patented kitchen appliance on an online marketplace without the patent owner's consent. This action constitutes direct infringement of the patent. (hypothetical example)
Relevant laws & statutes
The primary statute governing patent infringement in the United States is Title 35 of the United States Code, specifically sections 271 and 281. These sections outline the definitions and consequences of patent infringement.
Comparison with related terms
Term
Definition
Key Difference
Indirect Infringement
Involves contributing to or inducing another party to infringe a patent.
Direct infringement requires only the act itself, while indirect infringement involves a third party's actions.
Willful Infringement
Occurs when a party knowingly infringes on a patent.
Willful infringement is a subset of direct infringement, which can lead to increased damages.
Common misunderstandings
What to do if this term applies to you
If you believe you are infringing on a patent, it is crucial to cease any infringing activities immediately. Consider consulting a legal professional to assess your situation and explore potential defenses. If you are a patent owner facing infringement, you may want to pursue legal action. US Legal Forms offers templates that can help you take the necessary steps in either case.
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