Patent infringement

Patent infringement is the unauthorized making, using, selling, offering for sale, or importing of an invention covered by an enforceable patent. Whether conduct infringes depends on the patent claims and applicable law.

Claim construction: Claim construction is the judicial interpretation of disputed language in a patent claim. The court determines what the claim’s terms mean before comparing them with an accused product or process.
Patent: A patent is a time-limited legal right that allows its holder to exclude others from specified acts involving an invention. Infringement is a violation of rights granted by a patent.
Patent litigation: Patent litigation is a legal dispute over patent rights, including infringement, validity, and remedies. Infringement claims are commonly resolved through patent lawsuits.
Patent invalidity: Patent invalidity is the legal determination that a patent claim fails a requirement for enforceable patent protection. Invalidity attacks the right itself, while infringement concerns conduct relative to that right.
Doctrine of equivalents: The doctrine of equivalents permits infringement findings when an accused element is insubstantially different from a claimed element. It can reach conduct that does not literally satisfy every claim element.
Patentability: Patentability is the legal eligibility of an invention for patent protection under requirements such as novelty and nonobviousness. A valid right to enforce depends on the patent satisfying statutory requirements.
Patent damages: Patent damages are monetary remedies awarded for proven infringement of patent rights. They compensate for infringement and may include a reasonable royalty or lost profits.
Patent misuse: Patent misuse is an equitable defense based on improper efforts to extend patent rights beyond their lawful scope. It can limit enforcement even when infringement is otherwise shown.
Direct infringement: Direct infringement occurs when a person performs an act prohibited by a patent claim without authorization. It is the basic infringement theory tied to the patent’s exclusive rights.
Patent validity: Patent validity is the legal status of a patent’s claims under applicable requirements for obtaining and maintaining patent rights. An invalid claim cannot support an enforceable infringement judgment.

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Margaret E. KnightRelated: Knight's dispute with Annan centered on competing claims to the bag-making machine.