What is a patent infringement?

A patent infringement is when someone uses someone else’s patented invention without the permission of the patent holder. In other words, it is when someone produces, uses, sells, or imports an invention that is identical or substantially similar to a patent-protected invention without authorization from the patent holder. In South Carolina, patent infringement is a civil law violation, meaning that a patent holder can bring a lawsuit to recover damages due to the infringement. Patent holders have the right to sue for monetary damages, an injunction to prevent further infringement, or both. To prove patent infringement, the patent holder must show that the alleged infringer made, used, or sold the invention covered by the patent. Additionally, the patent holder must also demonstrate that the alleged infringer had knowledge of the patent. In South Carolina, once a patent holder proves infringement, they may be able to recover damages, attorney’s fees, and any additional costs incurred during the lawsuit.

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