From the course: Understanding Intellectual Property

Unlock the full course today

Join today to access over 23,500 courses taught by industry experts.

Defenses and remedies to patent infringement

Defenses and remedies to patent infringement

From the course: Understanding Intellectual Property

Start my 1-month free trial Buy for my team

Defenses and remedies to patent infringement

“

- Defenses and remedies to patent infringement. What do you do if you get sued for patent infringement? Is there any defense against patent infringement? Well, there are a few. One is simply that you don't infringe. You actually make the argument that your process or product doesn't infringe the claims that you're alleged to have infringed. Apart from that, you need to rely on other defenses. One defense is patent misuse. Sometimes a patent owner tries to use a patent as a tool to injure a competitor where infringement might not be so clear. Another defense is inequitable conduct. This is where the inventor may have lied in the patent application. Another defense is experimental use, which is the use of a product or process that's not commercial. Experimental use is not selling or competing, but actually only doing the thing defined in the claims of the patent for experimental purposes. And finally, exhaustion. Exhaustion is a defense to patent infringement. Essentially, you would be…

Contents