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Types of Patent Infringement

Types of Patent Infringement

If you have patent rights, you might have an individual or company trying to infringe on them. There are different types of patent infringement that might occur.

Direct – Direct infringement involves producing, selling, using, or importing the patented object without the proper license. This is a willful type of infringement.

Indirect – This infringement can involve inducing patent infringement or contributing to infringement (discussed below). Parties can be liable for indirect infringement even if they were not part of the original infringement.

Willful – Someone willfully infringes on a patent when they know a patent exists and completely disregards the patent protections and restrictions. When infringement is willful, the infringing party can face harsher penalties in court.

Induced – A party might aid or assist in patent infringement by helping to produce the patented item, providing certain components of the product, or presenting instructions on how to produce the patented product, among other things. This party is not the main infringer, but can still be liable.

Contributory – Someone can be liable for contributory infringement if they import or purchase a component used to create a patented product. The primary use of the component must be to create the protected item in question. Providing generic components that have additional uses will not qualify as contributory infringement.

Literal – To bring an action for literal infringement, the infringing process or product must have direct correspondence with the patented process or product.

Discuss Concerns with an Orlando Patent Attorney

Any form of patent infringement can cause you financial and legal harm. If you believe that another party might be infringing on your patent rights without a license, you should take action right away to stop the infringement. Sometimes, litigation might be necessary to protect your rights and seek damages. You can always consult with an Orlando patent lawyer from Daniel Law Offices, P.A. about your concerns. Contact us today.

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