A patent issued by the United States Patent and Trademark Office grants the patent owner a 20 year monopoly on the subject matter of the issued patent. In other words, the patent owner has 20 years from the filing date of the patent to exclude others from making, using, or selling the patented invention. Any person or company who infringes on these exclusive rights may be liable to the patent owner. 

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There are two major ways in which a patent can be infringed. The first is through direct infringement. A patent has patent claims which define the scope of protection. A patent claim is generally drafted such that it contains certain elements. Direct infringement is when an infringer makes, uses, or sells an item which exhibits all of the defined elements of at least one claim. For example, a patent clam for a hammer may include the elements of a head and a handle. Thus, if someone goes out and makes, uses, or sells a hammer that includes a head and a handle without permission from the patent owner, they are directly infringing the patent.   

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The second major theory of infringement is the doctrine of equivalents. Infringement through the doctrine of equivalents is when the infringer makes, uses, or sells a product which does not literally meet every single element of any claim of the issued patent, but is very close such that it is basically equivalent to at least one claim of the issued patent. If one or both of these ways of infringement are met, then there may be a valid patent infringement case which could be brought against the infringer.

 

If you have questions about whether your patent could potential be being infringed or whether your acts may potential be infringing the patent of another, give our attorneys a call. We have years of experience in patents and litigation matters. We will listen carefully to your case, answer all of your questions, and help you determine the best course you should take to enforce your patent and maintain your patent rights or whether or not you are actually infringing somebody else's patent and whether or not you have the freedom to operate. It it our goal to provide you with the greatest degree of protection at an affordable price. We would be happy to provide you with an infringement analysis opinion and help you to determine the best course of action to take.