The term "patent infringement" refers to the unauthorized use, manufacture, or sale of an invention that is already protected by a patent. In IPA phonetic transcription, this term is pronounced /ˈpeɪ.tənt ɪnˈfrɪndʒ.mənt/, with the stress on the first syllable of "patent" and the second syllable of "infringement." The "pa-" is pronounced like the word "pay," and the "t-" at the end of the first syllable is pronounced with a slight pause before the "-ent." The "-ment" at the end is pronounced as it looks.
Patent infringement refers to the unauthorized or prohibited use, creation, sale, or importation of a patented invention or technology without obtaining the necessary permission or license from the patent holder or owner. This act violates the exclusive rights granted to the patentee by the government and is considered to be a form of intellectual property (IP) infringement.
A patent is a legal monopoly granted to inventors or assignees for a specific period, typically 20 years, in exchange for fully disclosing their invention to the public. It provides the patentee with exclusive rights to make, use, or sell the patented invention, thereby protecting their innovation from exploitation by others.
Patent infringement occurs when an individual, business, or entity utilizes, produces, or sells a patented invention without the patent owner's permission, effectively encroaching upon their exclusive rights. This can involve creating a similar product, using a patented process, or importing patented goods into a country where the patent is valid.
Patent owners possess the right to take legal action against patent infringers to protect their rights and seek compensation for damages suffered. The legal remedies available for patent infringement may include injunctions to cease infringing activities, monetary compensation for lost profits or damages, and in some cases, the possibility of treble damages (i.e., triple the damages) if the infringement is found to be willful.
To establish patent infringement, the plaintiff needs to prove that they own a valid and enforceable patent, that the accused party is practicing the patented invention, and that there is no legal justification or license allowing the defendant to use the patented invention.
The word "patent infringement" consists of two main components: "patent" and "infringement".
The term "patent" originates from the Latin word "patent-" meaning "open" or "exposed". It is derived from the verb "patere", which signifies "to be open". In the context of intellectual property, a patent is a legal grant of exclusive rights given by a government to an inventor, allowing them to exclude others from making, using, or selling their invention for a limited period.
The term "infringement" stems from the Latin verb "infringere", meaning "to break" or "to infringe upon". The term implies a violation or breach of a law, right, or agreement. In the context of patents, infringement refers to the unauthorized use, manufacture, sale, or distribution of a patented invention without the permission of the patent holder.