Legal Definitions - aid or abet infringement

The legal term "aid or abet infringement" refers to the act of knowingly and actively helping or encouraging another person or entity to violate a patent holder's rights. It's not about accidentally enabling infringement, but rather about taking a specific, affirmative action that directly leads to or substantially assists someone else in infringing a patent.

Here are some examples to illustrate this concept:

• Manufacturing a Key Component:

  Imagine "Tech Innovations Inc." holds a patent for a unique, energy-efficient motor design. A competitor, "PowerDrive Co.," wants to produce a similar motor but cannot legally copy Tech Innovations' patented design. PowerDrive Co. approaches "Component Solutions Ltd.," a parts manufacturer, and asks them to produce a highly specialized rotor that is specifically designed to be used only in PowerDrive Co.'s infringing motor. Component Solutions Ltd. is fully aware that this rotor will be integrated into a product that copies Tech Innovations' patented technology, but they proceed with the manufacturing order.

  In this scenario, Component Solutions Ltd. could be found to have aided or abetted infringement because, by knowingly manufacturing and supplying a critical component specifically for an infringing product, they actively assisted PowerDrive Co. in violating Tech Innovations Inc.'s patent.

• Providing Technical Guidance or Blueprints:

  Consider "MediTech Corp." which holds a patent for a groundbreaking surgical instrument. A former engineer from MediTech, who has intimate knowledge of the patented design, leaves the company. This engineer then offers their services to "New Surgical Tools LLC," a startup, providing them with detailed blueprints, schematics, and manufacturing instructions for an instrument that is virtually identical to MediTech Corp.'s patented device. The engineer explicitly tells New Surgical Tools LLC that these plans will allow them to produce the instrument, despite knowing it infringes MediTech's patent.

  Here, the former engineer could be seen as aiding or abetting infringement by actively providing the specific technical guidance and blueprints with the clear intent that they be used to create a product that infringes MediTech Corp.'s patent.

• Marketing and Sales Facilitation:

  "GreenEnergy Solutions" holds a patent for a unique solar panel mounting system. "SunHarvest Systems," a smaller company, develops a very similar mounting system that infringes GreenEnergy Solutions' patent. SunHarvest Systems then hires "Global Marketing Agency" to launch a comprehensive advertising campaign and manage all online sales for their infringing product. Global Marketing Agency's executives are informed by SunHarvest Systems that there's an ongoing patent dispute with GreenEnergy Solutions and that their product is likely infringing. Despite this knowledge, Global Marketing Agency proceeds with creating promotional materials, running ads, and setting up e-commerce platforms that directly facilitate the sale of SunHarvest Systems' infringing product.

  Global Marketing Agency, by knowingly providing extensive marketing and sales support for a product they understand to be infringing, is actively assisting SunHarvest Systems in selling the infringing device and thus could be found to have aided or abetted infringement of GreenEnergy Solutions' patent.