What is non literal infringement?
Non-literal infringement occurs when the infringing device or process may be similar or equivalent to the claimed invention (performs substantially the same function, in substantially the same way and to achieve substantially the same result.
What happens if you infringe on a patent?
Being accused of patent infringement can be serious and have grave consequences. You could be liable for damages, including lost profits or reasonable royalties, maybe even attorneys’ fees or treble damages. You could even be subject to an injunction. There are, however, a number of defenses to such an accusation.
What is indirect infringement of patent?
Indirect patent infringement is the violation of a patent with or without the knowledge of the infringer. A person or company obtains a patent to prevent other people from using an idea or invention.
How do you infringe a patent?
Unless permitted by the patent owner, one commits patent infringement by making, using, offering to sell, or selling something that contains every element of a patented claim or its equivalent while the patent is in effect.
What are the 3 forms of IPR infringement?
Copyright infringement, encompassing for example a software copyright infringement. Patent infringement. Trademark infringement. Design infringement.
What is pith and marrow doctrine?
The doctrine of pith and marrow is the doctrine that has been applied in English patent law for over a century to see whether there was an infringement of a patent where the product or process or device or apparatus alleged to constitute an infringement did not exactly or precisely fall within the text of the relevant …
What is an example of pith?
An example of pith is the spongy material found inside plant stems. The soft, spongy tissue in the center of the stems of most vascular plants, consisting mainly of parenchyma. The soft inner substance of a feather or hair. The spinal cord.