Patent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. It occurs when someone violates the patent rights an inventor has in his invention by making, using or selling the invention without the patent owner‘s permission (or if the patent has been licensed), in a way not permitted by the license.

1. Patent Infringement
Mr. Sagar Kishor Savale
[Department of Pharmaceutics]
avengersagar16@gmail.com
2015-2016
Department of Pharmacy (Pharmaceutics) | Sagar Savale

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Patent Infringement
Patent infringement is the commission of a prohibited act
with respect to a patented invention without permission from
the patent holder. It occurs when someone violates the patent
rights an inventor has in his invention by making, using or
selling the invention without the patent owner‘s permission
(or if the patent has been licensed), in a way not permitted
by the license.
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Types of Patent Infringement
Direct Infringement
It directly states that the third party has will fully or intentionally stole
the technology from the inventor without his prior permission. It
occurs when someone directly makes, uses or sells the patented
invention within the United States.
It can includes, manufacture patented technology; use patented
technology; offer patented technology for sale; sell patented
technology; import patented technology; pass off the patented.
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Indirect Infringement
It refers to the unfair practice that does not give a clear indication that
the patent is bought and sold in the market. It occurs, for instance,
when a device is claimed in a patent and a third party supplies a
product which can only be reasonably used to make the claimed
device.
It can includes, Sell parts that can only be realistically used for a
patented invention; sell an invention with instructions on using a
certain method that infringes on a method patent; license an invention
that is covered by another‘s patent; sell material components that have
been especially made for use in a patented invention and have no other
commercial use.
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Basic Features of Patent Infringement
The patents must be valid!
The infringers must infringe with the
purpose of operation or production!
3. Violation of
legal rules
2. Infringement
behavior
1. Objects of
Infringement
The behavior is carried out without the
permission of patentees!
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Possible Consequences of Patent Infringement
1. A huge barrier for independent innovation;
2. Great challenge to the social civilization and sanctity of the law.
3. A damage to the economic laws and law of value.
4. An illegal behavior that destroys the fair and orderly market competitive order.
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How to Judge Patent Infringement?
Doctrine of Equivalents
Doctrine of Complete Coverage
Doctrine of Compromise
Doctrine of Estoppel
Doctrine of Superfluity
5 Principles
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How to Judge Patent Infringement?
A determination of patent infringement involves a two-step process:
1. The claims are analyzed by studying all the relevant patent documents;
2. The claims must “read on” the accused device or process. In a word, the claims are tested to
see whether they describe the accused infringement.
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About Patent Claims
Defines the scope of protection
The utmost important both
during prosecution and litigation
A preamble that recites the class of the
invention, and optionally its primary
properties, purpose, or field.
The possible parts contained in a
claim may be:
A "transitional" phrase that characterizes
the elements that follow.
A set of "limitations" that together
describe the invention.
Optionally, a purpose clause that further
describes the overall operation of the
Invention.
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Legal Responsibilities That Infringers Will Take
Legal
Responsibilities
Administrative
Responsibility
Criminal
Responsibility
Civil
Responsibility
 When patent infringement happens, the patentee may sue for relief in the appropriate Federal court.
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Several Cases of Patent Infringement
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Reference
 Sagar Kishor Savale et. al., Intellectual Property Rights (IPR),World Journal of Pharmacy
and Pharmaceutical Sciences, Volume 5, Issue 6, 2016, 2529-2559.
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