Patent infringement is a term used to describe any actions whereby someone’s patent rights are being infringed upon.
Infringement is considered to be any action undertaken by a third party that exploits a patented invention or aspects of it without the permission of the patentee (patent owner).
As there is no governing body that monitors for patent infringement, it is up to the patentee to proactively do so themselves.
Impact
Patent infringement can have a significant impact on the patentee and severe consequences for the individual or company engaging in the behaviour.
Loss of earnings is often a key concern for the patent owner and fines, compensation and jail time may be levied against the offender depending on the severity of the actions involved.
To avoid infringing on another’s patent rights, detailed patent searches should be performed before making an application for a patent or marketing a new invention.