What is infringement?

Infringement is a violation of an owner’s exclusive rights to an invention, idea, or creative work under a patent, copyright, or trademark. It occurs when someone uses, manufactures, or sells an inventor’s protected work without the owner’s permission. In California, patent infringement is defined by the United States Patent and Trademark Office (USPTO) as the unauthorized making, using, offering for sale, or selling of any patented invention without the consent of the patent holder. Infringement is also known as “patent infringement,” which is a serious offense. If a person or company is found to be infringing on a patent, they may be liable for damages to the patent holder. In California, the patent holder may be able to recover damages such as lost profits, actual damages, or statutory damages. In some cases, the patent holder may also be able to seek a court injunction preventing the infringer from continuing to make and use the patented invention. In some cases, patent infringement in California may constitute a crime if the accused knows or should have known that the use was unauthorized. For example, a person accused of infringement may face criminal charges if they continue to make, use, or sell the patented invention without the patent holder’s consent. In such cases, the accused may be punished with civil penalties, criminal fines, or even prison time. In summary, infringement is the act of using, making, or selling a patented invention without the patent holder’s permission. In California, patent infringement may result in both civil and criminal penalties. Patent holders can recover damages if they can prove the infringement occurred and that the accused knew or should have known that their use was unauthorized.

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