Patent infringement occurs when a party performs any of the exclusive acts granted to a patent holder without authorisation. The key types are direct infringement (directly making or using the patented invention), indirect infringement (contributing to or inducing another party to infringe), and willful infringement (knowingly infringing a patent, which can result in enhanced damages). Determining infringement requires a detailed comparison between the patent claims and the accused product or process. This involves claim construction — interpreting the specific language of the patent claims — followed by comparing each element of the claims to the accused product. If every element of at least one claim is present (literally or under the doctrine of equivalents), infringement is established. Patent infringement litigation is among the most expensive types of civil litigation. According to the American Intellectual Property Law Association, the median cost of a patent infringement case ranges from $1 million to over $5 million depending on the amount at stake. Cases can take years to resolve and outcomes are uncertain.
Why It Matters
Understanding patent infringement is essential both for protecting your own patents and for avoiding infringing others' patents. Companies must conduct freedom-to-operate analyses before launching products, and patent holders must monitor the market to identify and address infringement. The consequences of infringement — including injunctions, damages, and reputational harm — can be devastating.
How This Connects to IP Protection
immut helps in patent infringement contexts by providing timestamped evidence of when innovations were documented. If you are accused of infringement, blockchain-verified timestamps can support a prior art defence by proving your independent development predated the patent filing. If you are the patent holder, timestamped records of your invention process strengthen your case.
Common Mistakes to Avoid
You can only infringe a patent by copying it: Independent creation is not a defence to patent infringement. Even if you developed the same invention completely independently, without any knowledge of the patent, you can still be found to infringe. This distinguishes patent infringement from copyright infringement, where independent creation is a valid defence.
Minor changes avoid infringement: The doctrine of equivalents means that a product can infringe a patent even if it does not literally match every claim element. If the differences are insubstantial and the product performs substantially the same function in substantially the same way to achieve the same result, infringement may still be found.
Patent infringement is always intentional: Most patent infringement is unintentional. Companies may be unaware of a patent or may genuinely believe their product does not infringe. However, once notified of a patent, continuing the infringing activity can be considered willful, which can treble the damages awarded.
Frequently Asked Questions
What are the penalties for patent infringement?
Penalties can include compensatory damages (lost profits or reasonable royalties), enhanced damages up to three times the compensatory amount for willful infringement, injunctions preventing further infringement, and payment of the patent holder's legal fees in exceptional cases. In some jurisdictions, criminal penalties may also apply.
How do I know if I am infringing a patent?
Conduct a freedom-to-operate analysis with a qualified patent attorney. This involves searching relevant patents, analysing their claims, and comparing them to your product or process. It is an essential step before launching any new product in a patent-dense industry.
What defences are available against patent infringement claims?
Common defences include non-infringement (the accused product does not match the patent claims), invalidity (the patent should not have been granted due to prior art or other grounds), prior user rights, experimental use exemption, and exhaustion (the patented product was legitimately purchased).
Protect Your Intellectual Property Today
Whether you are navigating patent infringement or building a broader IP strategy, immut gives you instant blockchain-verified proof of your innovations — no lawyers, no delays.