Patent infringement occurs when a party makes, uses, sells, or imports a patented invention without the permission of the patent owner. In order to prove infringement, the patent owner must establish that the infringing party’s product or process contains each and every element of at least one claim of the patent.
If infringement is established, the patent owner has the right to seek various remedies, including:
- Injunction: An injunction may be granted by a court to prevent the infringing party from further making, using, selling, or importing the patented invention.
- Damages: The patent owner may be entitled to monetary damages, which may include lost profits and/or a reasonable royalty.
- Account of profits: The patent owner may also be entitled to an account of profits, which requires the infringing party to pay the profits that they earned as a result of the infringement.
- Destruction or disposal of infringing products: A court may order that any infringing products be destroyed or disposed of in a certain way.
