 | What is Infringement? | |  |
Once a Patent has issued or granted the Patent owner acquires the right to determine who and how his patented invention will be used. This Exclusive right will last for up to 20 years from the filing date provided that all maintenance and renewal fees are paid.
The Exclusive right has two important consequences. Firstly, it allows the Patent owner to license or sell the rights to the invention. Secondly, it allows the patent owner to sue anyone who infringes those exclusive rights.
An infringement is defined as the unauthorized making, using, selling, importing or otherwise any product or process as outlined by any one of the claims of a patented invention. It is enforceable through the courts.
How to Establish an Infringement?
An infringement is generally determined through the Courts. To establish whether an infringement has taken place the patent owner or a licensee of the patent needs to prove the following:
That an infringing act has taken placeThat the infringing act has taken place after the patent application has been published That the prohibited act took place in a country where the patent has been grantedThat the prohibited act was in relation to the monopoly found within any one of the claims of the patent.
A prohibited act is:
the making, selling, using or importing the patented product, orthe use of the patented process, orthe making using, selling or importing of a product obtained directly through the patented process.
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