Infringement of Patents

FreshPatents.com is pleased to present this information about "Infringement of Patents". This is the same information as provided by the USPTO for inventors, entrepeneurs and prospective patentholders as of our last update on 01/28/08.
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"Infringement of Patents" patent information

"Infringement of a patent consists of the unauthorized making, using, offering for sale, or selling any patented invention within the United States or U.S. Territories, or importing into the United States of any patented invention during the term of the patent. If a patent is infringed, the patentee may sue for relief in the appropriate federal court. The patentee may ask the court for an injunction to prevent the continuation of the infringement and may also ask the court for an award of damages because of the infringement. In such an infringement suit, the defendant may raise the question of the validity of the patent, which is then decided by the court. The defendant may also aver that what is being done does not constitute infringement. Infringement is determined primarily by the language of the claims of the patent and, if what the defendant is making does not fall within the language of any of the claims of the patent, there is no literal infringement.

Suits for infringement of patents follow the rules of procedure of the federal courts. From the decision of the district court, there is an appeal to the Court of Appeals for the Federal Circuit. The Supreme Court may thereafter take a case by writ of certiorari. If the United States Government infringes a patent, the patentee has a remedy for damages in the United States Court of Federal Claims. The government may use any patented invention without permission of the patentee, but the patentee is entitled to obtain compensation for the use by or for the government. The Office has no jurisdiction over questions relating to infringement of patents. In examining applications for patent, no determination is made as to whether the invention sought to be patented infringes any prior patent. An improvement invention may be patentable, but it might infringe a prior unexpired patent for the invention improved upon, if there is one."

Source: USPTO - This information on "Infringement of Patents" is current as of: 01/28/08

Contents

1. What Is a Patent?
2. What Is a Trademark or Servicemark?
3. What Is a Copyright?
4. Patent Laws
5. What Can Be Patented
6. Conditions For Obtaining A Patent
7. The United States Patent And Trademark Office
8. Attorneys and Agents
9. Disclosure Document Program
10. Who May Apply For A Patent
11. Non-Provisional Application for a Patent
12. Provisional Application for a Patent
13. Publication of Patent Applications
14. § 1.84 Standards for Drawings
15. Issue of Patent
16. Maintenance Fees
17. Correction of Patents
18. Infringement of Patents
19. Design Patents