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Sep 19, 2022 · Lawsuits are expensive. If you infringe on a patent, you are usually liable for your attorney fees, the patent owner's attorney fees, court costs, damages, and royalties. Your time is precious. Your lawyers will do most of the work, but you still have to meet with your lawyers and appear in court.
In Canada, the Patent Act discusses the rights of a patentee of a Canadian patent. The Patent Act also prohibits others from interfering with the rights of a patentee. For patent infringement to occur in Canada, there must be a valid Canadian patent that covers the infringed invention. There are 2 types of patent infringement in Canada: direct ...
What happens if a patent is infringed? If a patent is infringed, the patent holder typically has the right to take legal action against the infringing party. The patent holder may file a lawsuit in a civil court seeking remedies such as injunctive relief to stop the infringing activities and monetary damages to compensate for any losses incurred.
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Oct 31, 2023 · This is the unauthorized practice of any patented invention within a country where the patent is held. Indirect Infringement. This involves contributing to or inducing the infringement of a patent. Literal and Doctrine of Equivalents Infringement. Literal infringement happens when the accused product or process falls within the patent claim.
- rgearhart@gearhartlaw.com
Patent infringement happens if someone makes, uses or sells your patented invention without your permission in a country that has granted you a patent. If you believe your patent has been infringed, you may sue for damages in an appropriate court. The defendant may argue that infringement did not occur or may attack the validity of your patent.
Patent infringement is an unauthorized act of - for example - making, using, offering for sale, selling, or importing for these purposes a patented product. Where the subject-matter of the patent is a process, infringement involves the act of using, offering for sale, selling or importing for these purposes at least the product obtained by the patented process. [1]
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Jun 26, 2023 · Indirect patent infringement: when a third party induces another to commit any of the acts that violate the patentee’s rights under Section 42 of the Patent Act. Action for Patent Infringement. In filing an action for patent infringement, the patent holder or the exclusive and non-exclusive licensees may bring the case to the appropriate court.
