What is a patent infringement?

A patent infringement is when someone uses, produces, or sells a product or invention that has been patented by someone else. In North Carolina, if someone is found to have infringed upon a patent, they can be liable for damages, meaning they might have to pay the patent holder for the harm they caused. Patent infringement can be unintentional, but it can still bring sanctions. A patent must meet certain criteria in order to be valid. It must be novel, useful, and non-obvious in order to be enforced. In North Carolina, patents can be enforced for 20 years from the date of filing. Patents are complex and involve highly specific laws. To determine if an invention or product is infringing upon a patent, the patent holder must compare the invention or product to the patent description. If the product or invention is similar in key aspects, it is likely infringement. In North Carolina, patent infringement is a civil matter and a case can be brought to court if the patent holder feels someone is taking advantage of their patent without their permission. If the patent holder wins the case, they can be awarded damages. In some cases, a court may order the patent infringer to stop using the invention or product.

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