Direct and Indirect: Understanding the Types of Patent Infringement

1. Direct and Indirect: Understanding the Types of Patent Infringement Patent infringement occurs when someone violates the rights of a patent owner without their consent or license. It may involve third-party use of the patented invention. Patent infringement cases usually focus on two main aspects: the patented invention and the evidence presented to the court. The courts interpret the patented invention based on the patent elements, including claims and descriptions. The patent owner bears the burden of proving patent infringement, either literally or equivalently, as the patent gives them the right to prevent others from practicing the invention. 35 US Code § 271 defines patent infringement as unauthorized acts such as making, using, offering to sell, or selling any patented invention within the US or importing any patented invention into the country during the patent term. The statute covers three types of infringement: direct, induced, and contributory infringement. Direct Infringement Direct infringement occurs when a single entity performs all steps of a claimed method or process without authorization. It is a wrongful act that does not require finding knowledge or intent to rule in favor of the plaintiff. The court broadly interprets the term “uses” to hold third parties liable for direct infringement, even if all elements are not present. However, for process claims, direct infringement requires the performance of each step by the third party. Indirect Infringement To know more about, read our article on Types of Infringement.