What is an infringement of patent law?

An infringement of patent law is when someone reproduces, distributes, offers for sale or sells a patented invention without permission from the patent holder. This applies to both the making and selling of products which were invented and then patented by another person. In Delaware, patent law is largely a part of federal law and it is enforced by the U.S. Patent and Trademark Office. The U.S. Patent and Trademark Office grants a patent owner the exclusive right to manufacture, use, and sell an invention. In addition, a patent holder also has the right to exclude others from manufacturing, using, and selling the invention without permission from the patent holder. When a patent holder suspects that another person is infringing upon their patent, they can file a lawsuit in either federal or state court. The lawsuit must prove that the infringing party was aware of the patent holder’s invention and that they are using it without permission. If a court finds that infringement has occurred, they can require the infringing party to pay the patent holder for the commercial value of their invention. The court can also require the infringing party to stop using and selling the invention.

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