What is patent infringement? |
Generally speaking, infringement is an act of unauthorized encroachment upon the property rights of a patent owner. It is similar to stepping on the land of another without permission.
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Is it true that if I get a patent, then I cannot infringe someone else's patent? |
No. The rights under a patent are subject to the rights of other patent owners.
In other words, an invention, although patentable, may infringe a prior unexpired patent.
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Does the patent office (PTO) determine if my invention infringes someone else's patent, before granting me a patent? |
No. The U.S. Patent and Trademark Office determines only the patentability of an idea.
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What can a patentee do, if the patent is infringed? |
A patent owner may sue for monetary relief, ask the court for an injunction to prevent continuation of the infringement, negotiate a license with the infringer, etc.
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How do I avoid infringement of another patent? |
By identifying and reviewing existing patents (patent searching) and comparing their scope with your product.
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Can a patent be infringed innocently without knowledge of its existence. |
Yes.
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