An Overview of Patent Infringement Analysis

Analysing or examining a product or process is violating a Patent assumes significance under different conditions varying from Patent enforcement to opening licensing opportunities. To carry out Patent Infringement Analysis, the process or product in question should be compared with Patent claims literally and by equivalence. Though the comparison of all parts of a given claim is usually followed across the globe, infringement jurisprudence varies from nation to nation. Assessing Patent Infringement and giving detailed infringement opinions needs a detailed understanding of Patent Law in various countries along with robust technology background.

When we discuss the analysis of Patent Infringement, some terms you will need to know to comprise the following:

• An infringer or violator is an individual said to be responsible for violating someone’s new Patent;
• Someone who helps in the creation or sale of a patented invention is called a contributory infringer;
• The "multi infringers" term is used when more than one party is accused of violating a similar Patent.

What is Patent Infringement?

When someone imports, uses, sells, or copies a product that someone else invented without consent, Patent Infringement has occurred.  Patent Infringement may be simple, but the act is illegal or unauthorised. In the event a Patent owner decides to sue, the court will often step in and stop the unauthorised activity from continuing and sometimes punish the violator with penalties like financial awards to the Patent owner. Since patented ideas or inventions often come with many sections or parts, it is possible to have several claims for Patent Infringement.

Different Types of Patent Infringement

1. Direct Infringement: This occurs when a person creates, manufactures, sells, or uses a patented product without the patent holder’s permission. The infringer does not need to be aware of the patent’s existence for the patent holder to file a lawsuit. Direct infringement can occur regardless of the infringer's knowledge of the patent.

2. Indirect Infringement: In this case, the infringer does not directly violate the patent but may have facilitated, encouraged, or contributed to the infringement.

3. Literal Infringement: This type of infringement occurs when the defendant’s product or device is identical to every aspect of the patented invention. To prove literal infringement, all elements of the defendant’s invention must match the claims of the patent exactly.

4. Induced Infringement: Induced infringement happens when an individual or entity encourages or persuades others to infringe on a patent. This is similar to indirect infringement but involves intentional inducement to infringe.

5. Willful Infringement: This occurs when an individual or company deliberately uses another’s patented invention. If a patent holder can prove that the infringer knew of the patent and willfully infringed, courts may award treble damages to deter such conduct.

6. Contributory Infringement: This occurs when someone provides a part or component that enables another party to infringe a patent. For contributory infringement, the component provided must not have any other substantial use other than to infringe the patent.

What Constitutes Patent Infringement?

To determine whether patent infringement has occurred, it is important to examine the specific claims of the patent, as these define the scope of the patent holder's rights. A patent includes a list of claims that detail the invention’s protected features. For a successful patent infringement case, all the claims that the inventor owns must be verified.

Additionally, a patent will include a section explaining how the invention can be used, helping to clarify the meaning of each claim. This explanation is essential in understanding the scope of the patent and assessing potential infringement, whether the case involves utility patents, design patents, or plant patents.

What Are Patent Infringement Claims?

To successfully make a Patent Infringement claim, you need to demonstrate that someone has used your patented invention without your permission. The process begins with reviewing your patent file, as it serves as the primary evidence in the claim. Essentially, you are asserting that another party has violated your exclusive rights by using your patented idea or product. It's important to note that even if the alleged infringing product is slightly different or improved, it could still constitute infringement.

When filing a Patent Infringement claim, it's crucial to understand the distinction between processes and methods. If someone has used a method that was already in use for at least one year before the filing of your patent, they may not be held liable for infringement.

Another key element in filing a Patent Infringement claim is understanding the court procedures. The first step a court will take is to determine if the claim is valid and appropriate. Once the details of the claim are established, the court will assess whether the infringement is valid in relation to the patented item.

Guidelines for Filing a Patent Infringement Claim:

1. Ensure that the language of your patent claim is clear and understandable.
2. The patent specification should be strong enough to support your claim without requiring changes.
3. Each infringement claim should be distinct from previous claims.
4. If there are multiple ways to interpret the patent specifications, choose the interpretation that best supports the validity of your claim.

Patent Infringement Litigation – Meaning

In Patent Infringement litigation, the burden of proof lies with the Patent owner, who must demonstrate that their Patent has been infringed. This is similar to the principle in criminal law where a suspect is presumed innocent until proven guilty. The alleged infringer does not have to prove their innocence; instead, expert witnesses are often employed to assist in proving infringement. Patent litigation can be daunting due to its high costs and unpredictable outcomes.

A common misconception among businesses is that once they receive a granted Patent, they are fully protected from infringement. However, this is not always the case, and when faced with infringement, Patent owners often resort to litigation to defend their rights.

Patent litigation takes place in federal courts, as Patents are considered intellectual property, and the case must be filed within six months of the alleged infringement. In most cases, a judge, rather than a jury, decides the outcome.

• Question of Fact: This refers to whether the charges can be decided by a judge or jury.
• Question of Law: In this case, the judge has the final say on the matter, not a jury.

Since Patent litigation is a civil matter, the usual outcomes are financial damages or injunctions to prevent further unauthorized use of the Patent. Infringement cases are typically filed to either stop the sale or use of a patented product or to seek compensation for the unauthorized use.

For a case to be heard, the Patent owner must file the claim within the statute of limitations, which is six years from the date of infringement. If the claim is filed after this period, the case may be dismissed as time-barred. If someone uses your intellectual property for commercial gain without consent, your rights have been violated. However, Patent litigation can be prohibitively expensive, making it difficult for many inventors to enforce their intellectual property rights. Many infringers take advantage of this, knowing the financial burden that comes with pursuing legal action.

Defence to Patent Infringement

The most common defense against Patent Infringement is the argument that the Patent itself is invalid. There are several reasons why a Patent may be considered invalid:

• The Patent owner provided false or misleading information on the application.
• The patented product or idea was used for unauthorized activities.
• The Patent owner included deceptive or false details in the Patent.
• The Patent violates antitrust or other competitive laws.
• The invention does not meet the requirements of novelty and non-obviousness.

For a Patent to be considered novel, the invention must be new or original, meaning it cannot be merely a modified version of a previous design. Another frequent defense is that the alleged infringement does not fall under the scope of the claims specified in the Patent.

In a Patent Infringement case, the Patent owner must provide evidence that the defendant has actually infringed the Patent. The legal standard in such cases is "preponderance of the evidence," meaning the evidence must show that it is more likely than not that the infringement occurred. Essentially, the weight of the evidence must favor the Patent owner's claim of infringement.

Penalties for Patent Infringement

If the court determines that the infringer is causing harm before or during the case, it may grant a preliminary injunction to prevent further infringement. To obtain a preliminary injunction, the requesting party must demonstrate the following:

• Granting the injunction will not negatively affect the public interest.
• There is a strong likelihood of success in the case.
• Allowing the infringer to continue their actions during the litigation would cause significant harm to the Patent owner.

Preliminary injunctions are challenging to obtain and are rarely granted unless there has already been a ruling confirming the Patent's validity.

Other potential penalties include:

• Damages: The court may order the infringer to pay damages, which can include actual damages (the profit the Patent owner lost due to the infringement) and reasonable royalties, depending on the specifics of the Patent and the infringing products.

• Permanent Injunction: If the infringer is found guilty, the court may issue a permanent injunction, effectively stopping the infringer from continuing their actions. This type of injunction is typically granted when the infringement is proven.

• Costs: In many Patent Infringement cases, the infringer may be required to cover the costs of the litigation. This can include filing fees, court costs, and the Patent owner's legal expenses.

Why Choose CA Anytime?

At CA Anytime, our team of skilled professionals and experienced Patent Attorneys regularly assist clients with Patent infringement identification, infringement searches, analysis, and more. With years of expertise, we help clients secure robust Patents, manage Patent Litigation, avoid Infringement, and successfully launch products without risk.