What is an infringement of patent law?

In South Carolina, an infringement of patent law occurs when a party uses, makes, sells, or offers to sell a patented invention without permission from the patent holder. Under the patent law of the United States and South Carolina, the patent holder has the exclusive right to use, make, and sell a patented invention. If another party uses, makes, or sells a patented invention without permission from the patent holder, they are infringing on the patent. The infringement of patent law can be intentional or unintentional. In the case of unintentional infringement, the patent holder may be able to collect damages from the infringer. On the other hand, intentional infringement can lead to more serious consequences. In South Carolina, an infringer may face liability for treble damages, injunctive relief, and attorney’s fees. It is important to note that if a party believes their patent is being infringed upon, they should contact a patent attorney. An attorney will be able to advise them of their rights and the best course of action to take in order to protect their patent. Additionally, patent attorneys will determine if the infringement is willful or unintentional in order to determine the best way to proceed.

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