What is infringement?

Infringement is when someone uses or sells a patented invention without permission. The invention must be protected by a valid patent in the state or country in which the infringement takes place in order for the inventor to file a lawsuit for infringement. In South Dakota, the United States Patent and Trademark Office (USPTO) is the body responsible for investigating and granting patents. In order for an invention to be patented, it must be something that has never been created before and must have a “useful purpose.” Once a patent is granted, the inventor has exclusive rights to the invention, and no other person may use or manufacture it without permission. If someone does use or manufacture the invention without permission, then they are infringing on the patent. This is considered theft of intellectual property and is a serious legal issue with serious consequences. In South Dakota, patent infringement LAWsuits are heard in United States District Court that covers the state. The patent holder can seek damages from the infringer, and the court may issue injunctions ordering the infringer to cease and desist the unauthorized use or manufacture of the invention.

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