What is patent infringement?

Patent infringement is the unauthorized use of a patented invention or process without the permission of the patent holder. It is illegal and can result in significant legal and financial penalties in South Carolina. Patents are exclusive rights granted by the government that allow inventors to protect the products or processes they have created. The exclusive right means that only the patent holder can make, use, or sell the invention. Patent infringement occurs when someone other than the patent holder manufactures, uses, or sells the patented invention or process without permission. To prove patent infringement, the patent holder must show that the accused infringer has made, used, sold, or offered for sale a product or process protected by the patent. The accused infringer must also have a "direct infringement" or "willful infringement" of the patent. Direct infringement occurs when the accused infringer does something that is explicitly prohibited by the patent, such as using a patented process without permission. Willful infringement occurs when the accused infringer knowingly and intentionally violates the patent. If the patent holder is successful in proving infringement, the infringer may be ordered to pay the patent holder money damages, which could be a percentage of the infringer’s profits from the infringing activity. Additionally, the infringer may be prohibited from making, using, or selling the patented invention or process.

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