Patent infringement

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 <a href="/facts/Patent/LjT2bG3A">patent</a> 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. In other words, patent infringement is the commission of a prohibited act with respect to a patented <a href="/facts/Invention/P3LdUHBY">invention</a> without permission from the patent holder. Permission may typically be granted in the form of a <a href="/facts/License/xaP3U6ga">license</a>. The definition of patent infringement may vary by jurisdiction.
The scope of the patented invention or the extent of protection is defined in the <a href="/facts/Claim_(patent)/McdXG3Fr">claims</a> of the granted patent. In other words, the terms of the claims inform the public of what is not allowed without the permission of the patent holder.
Patents are territorial, and infringement is only possible in a country where a patent is in force. For example, if a patent is granted in the United States, then anyone in the United States is prohibited from making, using, selling or importing the patented item, while people in other countries may be free to exploit the patented invention in their country. The scope of protection may vary from country to country, because the patent is examined – or in some countries not substantively examined – by the <a href="/facts/Patent_office/KzvFqRoq">patent office</a> in each country or region and may be subject to different <a href="/facts/Patentability/wdAPEnPU">patentability</a> requirements.

Patent infringement open-in-new

Patent infringement