Patent infringement involves making, using, selling, offering to sell, or importing a patented invention without authorization.
Why patent infringement matters
Patent infringement matters because a patent gives the owner a right to exclude others from using the claimed invention for a limited time. The analysis often turns on the patent claims, not just the product’s general idea or marketing description.
Patent infringement disputes can affect product launches, licensing, damages, injunctions, and settlement strategy.
Where patent infringement appears
Patent infringement appears in federal lawsuits, demand letters, licensing negotiations, product-clearance reviews, import disputes, and technology transactions.
Practical example
A company sells a device that includes every required element of another company’s valid patent claim. The patent owner may allege infringement even if the seller designed the device independently.
How patent infringement differs from nearby terms
Patent infringement differs from copyright infringement because patent law protects claimed inventions, while copyright protects original expression. It differs from prior art because prior art concerns whether the patent should have been granted or how broad its claims can be.
Related terms
Quick knowledge check
Why are patent claims central to a patent infringement analysis?