Infringement (Patent)

Occurs when someone uses, makes, or sells an invention protected by an active patent without permission

Risk Management

What It Means

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.