What is patent infringement?

Patent infringement is when someone violates the rights of an inventor, or patent holder, by making, using, selling, or offering to sell an invention without the consent of the patent holder. In Texas, patent infringement is prohibited by the U.S. Patent and Trademark Office, which is responsible for granting patents to inventors. When an inventor applies for a patent, they must prove that the invention is novel and not previously known in the public domain. This gives the inventor exclusive rights to the invention for a certain number of years. If someone else makes, uses, sells, or offers to sell an invention that has been patented by an inventor, without their consent, they are guilty of patent infringement. Patent infringement can also include using an invention as a tool to make another invention, or selling an invention with the intent of replicating or using components of the patented invention. In some cases, patent infringement may also occur when someone discloses protected information related to the invention. The penalties for patent infringement can vary, but the patent holder may be entitled to an injunction, which would prevent the infringer from further violation of the patent, or monetary compensation for lost profits and damages. Additionally, willful patent infringement can lead to criminal charges, unless the patent holder has specified otherwise.

Related FAQs

What is a copyright registration?
What is the difference between a copyright and a license?
What is the purpose of the TRIPS Agreement?
What is an unfair competition case?
What is a license?
What is the difference between an invention and an idea?
Are trademarks internationally protected?
How do I register a copyright?
What is trade dress infringement?
What is the Berne Convention?

What is patent infringement?

Related FAQs

Related Blog Posts