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Patent Infringement |
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A patent is an exclusive right which has been given to the creator of an invention. When patent rights are issued to an individual, it implies that anyone else is barred from using or selling the invention without permission from the creator. If such a thing happens without the knowledge of the owner of the patent then it is referred to as the Patent Infringement. This is normally applicable in the states of the United States of America when any invention, which has been patented, has been sold or reused or made without the permission of the owner of the patent inside the fixed period of time. In case of infringement of patent, the owner may sue the person responsible in one of the Federal Courts in the United Sates of America.
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In such a case two things can be done. Either the person who has been violating patent rights should be stopped from continuing or monitory compensation can be asked from the person, or the patentee can ask for both of the above. The court is in the position to decide the amount of reward, which has to be given to the owner of the patent.
In such legal cases the normal way that the defendants take is asking for the legality of the patent. This is something which is again decided by the court. The defendant may also argue by saying that what happened was not infringement of patent but just a mere usage of the product or service to fulfill some purpose. It can also be pointed out that the technology, which has been used by the defendant does not fall into the category of the patented invention. The lawyers also argue on the grounds of some missing links in the patent given to that the particular service or product which has been patented.
In United Kingdom patents are covered in UK Patents Act 1977, Section 60. Under this section there is a list of the cases where the patent is infringed. There are three ways in which the patent infringement is applicable.
- If the patented invention is a product patent is infringed when the product is used or sold without prior permission from the owner.
- If the patented invention is a process, infringement of patent takes place when the process is used without getting permission from the patent owner.
- If the patent product or service is attempted to be used or sold inside United Kingdom by another person other than the owner of the patent.
In the United States of America infringement of patent and other rules and regulations guiding patent issues is covered. There may be direct or indirect infringement, which is clearly explained in the constitution article covering patent issues. The patentee is often compensated in the form of royalty or by payment of a certain amount of money.
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