Steps for Detecting Patent Infringement:



Identify Patent Types: Determine the types of patents involved, such as utility patents, and their duration of protection, typically 20 years. Understand the patent owner's authority to control the innovation's usage and the potential for licensing or selling the patent.


Categorize Infringement: Recognize the two main types of patent infringement—direct and indirect. Direct infringement occurs when someone wilfully uses, makes, or sells the patented invention without permission. Indirect infringement includes induced infringement, where a party encourages infringement, and contributory infringement, where someone supplies components used for infringement.


Assess Literal and Equivalence Infringement: Analyze literal infringement, where a product or method exactly meets all patent claim requirements. Equivalence infringement may also occur, where certain elements are equivalent to the claim elements, leading to potential infringement.


By following these steps, patent holders can identify potential infringement cases and take appropriate legal action to protect their intellectual property rights.


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