What is a patent infringement?
A patent infringement occurs when someone uses, manufactures, distributes, offers for sale, or sells a protected invention without the permission of the inventor. This is a violation of the exclusive rights that the inventor has obtained after filing for a patent. In California, patent infringement is a violation of the state’s patent laws. Under the law, an inventor has the right to control who can use or make the invention that they have created once they have obtained a patent. When someone else makes, uses, sells, or distributes an invention without the permission of the inventor, they are violating the state’s patent laws and can be accused of patent infringement. To prove patent infringement, the patent holder must prove that the accused has made, used, sold, or distributed the patented invention without the inventor’s permission. The accused may be found guilty of patent infringement even if they did not know that the patent existed or that the item they made, used, or sold was protected. The penalties for patent infringement in California depend on the severity of the infringement and the value of the invention. Penalties can include an injunction, monetary damages, or both.
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