Patent Infringement

Patent infringement occurs when someone makes, uses, sells, offers to sell, or imports a patented invention without the patent owner's permission. Direct infringement involves doing any of these acts with the patented invention. Indirect infringement includes contributory infringement where someone supplies components of a patented invention knowing they will be used to infringe, and induced infringement where someone actively encourages others to infringe. Willful infringement occurs when someone knowingly infringes a patent after being aware of its existence, which can lead to enhanced damages.

Patent validity can be challenged on various grounds including that the invention was not novel, that it was obvious to someone skilled in the art, that the patent does not adequately describe how to make and use the invention, or that the patent claims more than what was actually invented. Evidence may include prior art documents such as earlier patents, publications, or public uses that show the invention was not new, expert testimony on whether the invention would have been obvious, and analysis of whether the patent specification meets legal requirements. Patent validity is typically determined through litigation proceedings where the defendant challenges the patent as a defence to infringement.

Damages for patent infringement may include reasonable royalties based on what the infringer would have paid for a licence to use the patent, lost profits that the patent owner can prove would have been earned but for the infringement, or in cases of willful infringement, enhanced damages up to three times the actual damages. Courts may also award interest on damages and in some jurisdictions, attorney's fees. The specific measure of damages depends on the circumstances of the case, the nature of the infringement, and applicable law. Licensing negotiations and offers can also affect the calculation of reasonable royalties.

Yes, courts can grant injunctions to stop patent infringement. A preliminary injunction may be issued before trial to prevent ongoing infringement during litigation if the patent owner shows likelihood of success on the merits, irreparable harm if the injunction is not granted, that the balance of equities favours the patent owner, and that an injunction serves the public interest. A permanent injunction may be issued after a finding of infringement to prevent future infringement. In some jurisdictions, courts have become more reluctant to grant injunctions automatically, particularly in cases involving standard essential patents or where the patent owner does not actually practice the invention.