intellectual property · claim
Patent infringement occurs when a party makes, uses, sells, or offers to sell a patented invention without the patent owner's consent. It is a violation of the exclusive rights granted by a patent and can lead to legal remedies including damages and injunctions.
The plaintiff must prove that they own a valid patent that covers the invention in question.
What to prove: The plaintiff must present the patent document issued by the United States Patent and Trademark Office (USPTO) and demonstrate that it is enforceable.
The plaintiff must show that the defendant's actions infringe upon one or more specific claims of the patent.
What to prove: The plaintiff must compare the accused product or process with the patent claims and demonstrate that the defendant's actions meet all the elements of at least one claim.
The plaintiff must establish that the defendant's actions were unauthorized, meaning they did not receive permission from the patent holder.
What to prove: The plaintiff must provide evidence that the defendant both used and profited from the patented invention without a license or agreement.
The burden of proof lies with the plaintiff, who must establish their case by a preponderance of the evidence in civil patent infringement cases.
In patent infringement exam questions, focus on the specific claims and the actions of each party. Be prepared to discuss the distinction between direct and indirect infringement and potential defenses.