What is a patent infringement defense?

A patent infringement defense is a legal argument used by a defendant to challenge an infringement (unauthorized use) of a patent. In South Carolina, a patent infringement defense may be used to prove that the alleged infringement was actually allowed under certain conditions. This defense is usually used when a defendant believes they have not violated the patent holder’s exclusive rights. For example, if the defendant was able to prove that their invention was independently created, or that the patent holder’s patent was actually invalid, they may be able to successfully defend themselves against a patent infringement claim. Other possible defenses include laches, patent misuse, estoppel, or intervening rights. Laches is a defense that may be used if a patent holder has delayed too long in asserting their patent rights. Patent misuse refers to a situation where a patent holder is misusing their patent rights for some unfair advantage or to the detriment of competition. Estoppel may be used to prevent claims if a patent holder has misled the defendant about their patent rights. Lastly, intervening rights is a defense that may be used if the defendant began to use the patented invention prior to the patent being granted. In summary, a patent infringement defense is a legal argument that a defendant may use to challenge an infringement of a patent. South Carolina law provides several different types of defenses that may be used to successfully defend against an infringement claim.

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