Patent >> FAQ >> Infringement
 Infringement

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.


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.


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.


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.


How do I avoid infringement of another patent?

By identifying and reviewing existing patents (patent searching) and comparing their scope with your product.


Can a patent be infringed innocently without knowledge of its existence.

Yes.




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