What is an infringement of patent law?

An infringement of patent law is when someone uses an invention or idea that has been patented without the permission or authorization of the patent holder. In Nebraska, patent law is enforced by the United State Patent and Trademark Office (USPTO). According to Nebraska law, patent infringement is a civil wrong, meaning any person or company can be held liable for it. Generally, the patent holder can sue for lost profits, or royalties for the unauthorized use of their invention or idea. The patent holder may also be entitled to injunctive relief, meaning that the court will order the infringer to stop using the invention or idea. In some instances, the patent holder may even be awarded damages for the infringement if it is a particularly egregious violation. In order to prove infringement, the patent holder must show that the alleged infringer was using the patented invention or idea without permission. This requires showing that the infringer knew that the patent existed and was aware of its terms. In addition, the patent holder must show that the alleged infringer had access to the patented invention or idea and that their actions constitute a “substantial” copy of the invention or idea. It is important to note that patent infringement is not limited to direct copying. If someone creates an “equivalent” to the patented invention or idea, they can still be liable for patent infringement. Therefore, businesses should be sure to do their research before using any invention or idea that may have been patented already.

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