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