Legal Definitions - Patent infringement

Patent infringement occurs when someone, without the patent owner's permission, performs certain unauthorized actions related to an invention that is protected by a valid U.S. patent. These actions typically include making, using, selling, offering to sell, or importing into the United States a product or process that incorporates the essential features described in the patent's claims, or an equivalent version of those features, while the patent is still active.

Here are some examples to illustrate patent infringement:

• Imagine a company, "GreenEnergy Solutions," invents and patents a unique, highly efficient solar panel design. Another company, "SunPower Innovations," begins manufacturing and selling solar panels that incorporate this exact patented design, without obtaining a license or permission from GreenEnergy Solutions. This would be a clear case of patent infringement because SunPower Innovations is making and selling a product that uses GreenEnergy Solutions' patented invention without authorization.

• Consider a biotechnology firm, "BioGen Pharmaceuticals," that develops and patents a specific, novel laboratory process for rapidly identifying certain disease markers. A competitor, "Health Diagnostics Inc.," discovers this patented process and starts using it in their own diagnostic labs within the United States to offer testing services. Since Health Diagnostics Inc. is utilizing BioGen Pharmaceuticals' patented process without permission, this constitutes patent infringement, even if they are not selling a physical product directly related to the process itself.

• Suppose "SmartHome Devices LLC" holds a U.S. patent for a specialized smart thermostat with a unique predictive learning algorithm. A manufacturer based overseas, "Global Gadgets Corp.," produces a smart thermostat that includes all the patented components and functionality of SmartHome Devices LLC's invention. If Global Gadgets Corp. then imports and sells these thermostats within the United States without SmartHome Devices LLC's consent, this action would be considered patent infringement, as the unauthorized product is being brought into and sold in the U.S. market.