Patent Infringement
Patent infringement occurs when another party makes unauthorised use, production, sale or offer of sale of a subject matter without the patent holder’s permission. The idea behind patent infringement is that unauthorised parties are not permitted to use patent without the patent holder’s permission. In the patent infringement cases, the court usually compares the subject matter covered under the patent with the subject matter that is used by the infringer. Infringement may occur directly or indirectly.
Remedies for Patent Infringement
The legal proceedings in Patent Infringement cases can result in significantly higher losses than other kind of lawsuits. The act here allows plaintiff to recover damages. In the cases of infringement, patent holders are entitled to several remedies.
- Injunction: Injunction is a stay order that stops the infringing party to stop making use of infringing product. It aims at preserving the patent’s value and preventing further harm to the patent holder. In order to obtain an injunction, the patent holder has an obligation to prove that their patent is valid and has been infringed by the defendant.
- Damages: The patent owner may obtain damages in respect of loss caused due to infringement.
- Seizure of Forfeiture of Infringing Goods: Court may order that the items determined to be infringing must be taken into custody, disposed of, or forfeited as deemed.