A patent is infringed when a party makes, uses, sells, or imports a patented product or process in the country of grant. the infringement must fall within the scope of a valid, in-force patent claim. The patent owner can take legal action to stop the unauthorised activity (injunction), seek damages, and/or any profits made by the infringer.
Why It Matters
Understanding infringement helps you:
Refine the scope of your own rights
Understanding how others might infringe your patents gives you a clearer view of their strengths and weaknesses.
Assess freedom-to-operate risk
Identify potential patent barriers early, so you can avoid infringement by design-arounds, securing a licence or challenging the patent.
Enhance investor confidence
Infringement carries significant financial risks. Understanding and avoiding infringement reassures investors that they will not be paying for lawsuits.
Real-world Example
A biotech company launches a new diagnostic test and files a patent. The patent claims are drafted to capture infringement by both the kit producer and the laboratory using it - maximising protection across the supply chain.
Pro Tip
Infringement is not always intentional. "I didn't know the patent existed" is not a legal defence, which is why proactive FTO searches are a crucial part of product development.
