Patent Infringement and Defense

Patent owners have exclusive rights to use their invention and grant licenses under conditions of their choosing. Using a patent without permission from rights holders, including manufacturing, copying, imitating, offering, and importing, constitutes patent infringement. Patent owners are entitled to:

– Obtain injunctions against infringers

– Claim monetary compensation for infringement

Important notes:

– Patent infringement is always territorial and local

– Infringement claims in a specific country can only be filed after patent registration in that country

– Retroactive claims possible for infringement occurring after patent application publication

– Non-commercial use or generic drug development for post-patent marketing does not constitute infringement

Main Types of Patent Infringement

1. Literal Infringement

Complete or nearly complete copying of all patent components

2. Substantive Infringement

Based on the “Doctrine of Equivalents,” applies when:

– No literal description infringement exists

– Equivalence between content and essence of new product/process and registered patent elements

– New product performs same functions in same manner as patented invention

Additional note: Infringement can occur through offering separate components that don’t individually infringe but constitute infringement when assembled together.

Legal Actions in Patent Infringement Cases

In patent infringement claims:

– Burden of proof lies with patent rights holder

– Defendant can challenge patent validity as defense

– Court examines:

– Patent documents

– Specifications

– Illustrations

– Claims

– Comparison with allegedly infringing product/process

– Patent descriptions often open to various interpretations

– Court considers interpretation from professional perspective rather than layperson’s view

– Expert opinions may be required

– Recommended to consult IP attorney with proven patent litigation experience

Compensation for Patent Infringement

Under Patent Law:

– Court determines compensation based on:

– Infringement scope

– Damage to patent owner

– Infringer’s profits

– Additional punitive damages possible for bad faith infringement

– No automatic statutory damages right

– Courts may award compensation without proof of damage due to difficulty in proving economic harm

Defense Strategies Against Patent Infringement Claims

Main defense approaches:

1. Arguing non-infringement of disputed product/process
2. Challenging patent validity by proving:

– Lack of market novelty

– Lack of inventive step

Note: Registered patent presumed valid; burden of proving invalidity lies with alleged infringer

Professional Representation

Due to complexity of patent infringement issues and significant commercial risks involving both infringement and patent invalidation, consult experienced IP attorney promptly in any patent dispute.

Our firm offers:

– Extensive expertise in patent law and litigation

– Over 30 years experience representing 8,000+ clients in:

– Patent infringement claims (

*The aforementioned in this article and on the website in general should not be considered as legal advice and the things written in it should not be considered as a substitute for individual legal advice, but a personal opinion and/or a general explanation only. Of course, you should not rely on and/or act in accordance with the above without individual legal advice from an attorney

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