What is Patent Infringement?
254 reads · Last updated: December 5, 2024
Patent infringement refers to the act of others implementing the technology scheme protected by a patent without the permission or authorization of the patentee during the validity period of the patent, which infringes on the patent rights of the patentee. The patentee can protect their patent rights through legal means.
Definition
Patent infringement refers to the unauthorized use or implementation of a patented technology by someone other than the patent holder during the patent's validity period, thereby violating the patent holder's rights. The patent holder can seek legal recourse to protect their patent rights.
Origin
The patent system originated in 15th century Italy, designed to protect inventors' innovations. With the advancement of the Industrial Revolution, patent laws developed and improved globally, becoming a crucial part of the modern intellectual property protection system.
Categories and Features
Patent infringement is mainly categorized into direct and indirect infringement. Direct infringement involves the unauthorized use of patented technology, while indirect infringement involves aiding or inducing others to commit infringement. Characteristics of patent infringement include its hidden and complex nature, often requiring technical analysis and legal review to confirm.
Case Studies
A typical case is the lawsuit between Apple and Samsung, where Apple accused Samsung of infringing on several patents, including design and functionality patents. The court eventually ruled that Samsung must pay substantial damages to Apple. Another case involves Qualcomm suing Apple, accusing it of using patented technology without authorization in its devices, which eventually led to a settlement between the parties.
Common Issues
Common issues investors face when dealing with patent infringement include identifying infringement, gathering evidence, and choosing the appropriate legal avenues. A common misconception is that all similar technological implementations constitute infringement, which requires detailed patent analysis to determine.
