Legal Definitions - infringement (of utility patent)

Infringement (of Utility Patent)

A utility patent protects new and useful inventions such as machines, manufacturing processes, articles of manufacture, or compositions of matter (like chemical compounds). It is the most common type of patent issued by the USPTO (United States Patent and Trademark Office).

Infringement of a utility patent occurs when someone, without authorization from the patent owner, makes, uses, sells, offers to sell, or imports an invention that incorporates all the essential features described in one of the patent's legal claims. Essentially, it means using another's patented invention without their permission.

When a patent owner alleges infringement, a court will first determine if the patent itself is valid. Even if the USPTO initially approved the patent, it can be deemed invalid if, for example, the invention was already publicly known or used for more than a year before the patent application was filed. If the patent is found valid, the court then interprets what the patent specifically covers and compares the alleged infringing product or process to those protected features. If infringement is proven, the patent holder can seek remedies, including financial compensation for lost profits and, in some cases, attorney fees.

Here are some examples illustrating utility patent infringement:

• Example 1: Unauthorized Manufacturing and Sale of a Product

  Imagine a company, "Tech Innovations Inc.," invents a unique, energy-efficient cooling system for data centers and secures a utility patent for its specific design and operational method. A competitor, "Cooling Solutions LLC," then reverse-engineers Tech Innovations' patented system and begins manufacturing and selling its own cooling units that incorporate all the patented design elements and operate using the exact same patented method. Cooling Solutions LLC has not obtained any license or permission from Tech Innovations Inc.

  This illustrates infringement because Cooling Solutions LLC is manufacturing and selling a product that directly uses all the protected features of Tech Innovations Inc.'s utility patent without authorization.

• Example 2: Unlicensed Use of a Patented Process

  A pharmaceutical company, "MediChem Corp.," develops a novel, patented process for synthesizing a specific life-saving drug, making the production more efficient and cost-effective. Another drug manufacturer, "Global Pharma," learns of this process and begins using MediChem Corp.'s exact patented synthesis method in its own production facilities to create the same drug, without ever negotiating a license or receiving permission from MediChem Corp.

  This demonstrates infringement because Global Pharma is using MediChem Corp.'s patented "process" (a type of utility patent) without obtaining the necessary authorization.

• Example 3: Importing Infringing Articles

  Consider "ErgoChair Co.," which holds a utility patent for a unique ergonomic chair design featuring a specific lumbar support mechanism and adjustable components. A foreign manufacturer, "Comfort Seating Ltd.," produces chairs in another country that incorporate all the patented features of ErgoChair Co.'s design. Comfort Seating Ltd. then imports and sells these chairs in the United States, directly competing with ErgoChair Co.

  This is an example of infringement because Comfort Seating Ltd. is importing and selling articles (the chairs) into the U.S. that embody all the protected elements of ErgoChair Co.'s utility patent without permission.