Infringement And Freedom To Operate

• Author: Joseph P. Kennedy/Wayne H. Watkins/Elyse N. Ball (With)
• Profession: Distinguished Professor of Polymer Science and Chemistry at The University of Akron/Associate Vice President for Research at The University of Akron/Project Manager for the University of Akron Research Foundation
• Pages: 74-83

CHAPTER 7

INFRINGEMENT AND FREEDOM

TO OPERATE

According to Section 271 of the Patent Law:

...whoever without authority makes, uses, offers to sell, or sells any

patented invention, within the United States, or imports into the United

States any patented invention during the term of the patent therefor,

infringes the patent.

In other words, infringement of a patent occurs when someone (a person or

company) makes, uses, offers to sell, sells, or imports a patented product or a

product made by a patented process in the United States during the term of the

patent without the patent owner’s permission. A patent holder’s permission

is often granted in the form of a license, a legal contract that specifies which

otherwise potentially infringing activities the other person can take. Just as

a fence delineates the borders of a piece of land (real property), the claims

define the borders of an invention (intellectual property). If someone invades

by design or inadvertently the fenced area, he is trespassing and must pay

a fine. The same is true with patents: If someone disregards the borders of

the claims (i.e., makes, sells, uses or imports the claimed invention), he is

infringing and must pay damages. An infringer need not have intended to

invade another’s rights to be liable for infringement. In fact, he can be liable

How to Invent and Protect Your Invention: A Guide to Patents for Scientists and Engineers,

First Edition. Joseph P. Kennedy and Wayne H. Watkins with Elyse N. Ball.

© 2012 John Wiley & Sons, Inc. Published 2012 by John Wiley & Sons, Inc.

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