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Determining Patent Infringement

A determination of patent infringement involves a two-step process.

First, the claims are analyzed by studying all of the relevant patent documents.

Second, the claims must "read on" the accused device or process. This means that the device or process is examined to see if it is substantially described by the claims; in other words, the claims are tested to see whether they describe the accused infringement.

Infringement can be direct, indirect, or contributory.

Direct: Anyone who makes, uses, or sells the patented invention is a direct infringer.
Indirect: If a person actively encourages another to make, use, or sell the invention, the person so inducing is liable for indirect infringement.

Contributory: Contributory infringement can be committed by knowingly selling or supplying an item for which the only use is in connection with a patented invention.

Good faith or ignorance is no defense for direct infringement, but it can be for indirect or contributory infringement.

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Importance of Being First to File | Information Needed to Determine a Patent Infringement Case

Free Consultation Request Form
First Name:
Last Name:
Telephone:
Email:

What is your patent number?
What year did you first generate sales from this invention?
Best estimates of the annual revenues earned by the infringers to date.
Best estimate of the projected revenues the infringers will make in the foreseeable future.
Has this patent been previously litigated?	Yes No
Do you have a copy of the file history of the patent?	Yes No

Provide a brief description of your patent and what is the date of first use.


What are the products that are infringing? Is there a websites or other material that we can describe that we can look at and compare to your patent. What are the website addresses?

Can you explain to us how the infringer is infringing on your patent (important).




Or call 1-866-222-9990

Determining Patent Infringement

Free Consultation Request Form