What are the elements of inducement of infringement?
To prove induced infringement a patent owner must show (1) the accused infringer actively encouraged infringement, knowing that the acts they induced constituted patent infringement, and (2) their encouraging acts actually resulted in direct patent infringement.
What are the two types of infringement?
Types of Patent Infringement
- Direct Infringement: As any patent lawyer will tell you, this is the most obvious form of unauthorized use.
- Indirect Infringement: There are actually two types of indirect infringement.
- Willful and Literal Infringement: Willful infringement involves the concept of intention.
What are the different types of infringement?
Infringement can be direct or indirect, and it can be literal or under the doctrine of equivalents.
- Direct Infringement.
- Indirect Infringement.
- Induced Infringement.
- Contributory Infringement.
- Literal Infringement.
- Infringement Under the Doctrine of Equivalents.
What is the difference between direct and indirect infringement?
Direct infringement exists when a defendant makes, uses, sells, offers to sell, or imports into the United States a patented product or performs all of the steps of a patented method. Indirect infringement exists when the defendant does not itself commit direct infringement, but causes another party to do so.
What is the difference between induced and contributory infringement?
The party who performs all of the steps is liable as a direct infringer, while the inducer is liable as an indirect infringer. Contributory infringement, which is not relevant here, exists when a defendant sells or offers to sell a component that can only be used in infringing a patented invention.
What is literal infringement?
There is literal infringement, which means that the allegedly infringing product infringes each and every claim limitation of an issued patent, and there is infringement under the doctrine of equivalents, which means the allegedly infringing product infringes the true scope of the patent holder’s invention.
What are the types of indirect infringement?
Indirect infringement takes different forms including: infringement by inducement, contributory infringement, and vicarious infringement.
- intellectual property.
- patent law.
- trademark law.