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15 April 2011
This article focuses on patent
infringement. A patent is a protection granted to new inventions. An
invention that is new has an inventive step and therefore not obvious
to one with knowledge and experience in the subject, it has to be
competent enough to be used in a particular industry. If an idea is
patented then it is protected up to a term of 20 years subject to a
renewal every year after the fifth year.
A patent can only be infringed once an
invention has been granted a patent on an application. One of the
obvious ways a patent can be infringed is directly. Direct infringement
occurs when someone other than the inventor who holds the rights makes
uses or sells the patented invention.
Indirect infringement can occur in one of
A patent is infringed by inducement means
that the inducer willingly and knowingly aided in the infringement but
may or may not have specifically intended to violate a patent
Contributory infringement occurs when the
sale of materials or components which have no other use other than
their intended use by the patented invention takes place.
If patent infringement occurs, the
inventor of the patent may go through the courts to seek relief and
also ask the court for an injunction in order to stop the infringement
from continuing. If you infringe a patent this will often end up with
you paying a large sum of damages. Therefore, it is vital to protect
you own invention by applying for a patent to avoid anyone at a later
stage claiming that you have infringed their patented invention.
Aneela Akbar is a legal
assistant to Izaz Ali (firstname.lastname@example.org). Izaz is a commercial
solicitor who specialises in information technology law and
intellectual property law with an emphasis on IT, escrow, online and
off-line contracts and the buying and selling of online businesses.
About the Author
Lawdit Solicitors offer services and
advice for litigation, commercial contracts, Intellectual Property and IT legal
agreements. We are experts in commercial law with a heavy emphasis on
Intellectual Property, Internet and e-commerce law. Lawdit is a member of the
International Trademark Association, the Solicitors' Association of Higher Court
Advocates and we are the appointed Solicitors to the largest webdesign
association in the world, the United Kingdom Website Designers Association.
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Article Published/Sorted/Amended on Scopulus 2011-04-29 21:45:20 in Legal Articles