What is a patent infringement defense?

A patent infringement defense is a legal argument used to show that an accused party did not violate the patent rights of another party. In Washington, patent infringement defenses generally fall into two categories: invalidity and non-infringement. Invalidity is when a patent holder claims a particular patent is invalid because the ideas it covers were already known or used by someone else at the time the patent was applied for. In this case, the accused party can defend itself by presenting evidence that the idea was already known. Non-infringement occurs when the accused party claims it did not use the patented idea or did not use it in the way it was patented. In this case, the accused party must prove that it did not use the patented idea or did not use it in the way it was patented. A party accused of patent infringement may also utilize the defense of “prior use,” which is when the accused party uses a patented idea before it was patented. This defense works best if the accused party can present evidence that it was using the idea before the patent holder’s application was made. In Washington, an accused party may also use the defense of “intervening rights,” which is when the accused party can show that it had already started marketing the patented product or service before the patent holder was granted the patent. Finally, Washington has a “fair use” defense, which is when the accused party can prove that its use of the patented idea was not done for commercial purposes and was for the public good. Overall, the defenses an accused party can use in Washington to show that it did not violate the patent rights of another party depend on the specific circumstances of the case.

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