Mikele Bicolli
Jan 17, 2023
Featured

5 Common Defenses to Patent Infringement: How to Avoid Liability

Created at Jan 17, 2023, 9:37am PST

If you have been accused of infringing on a patent, you may be able to avoid liability by raising one of the following common defenses:

The patent is invalid because it is not novel or non-obvious: This defense asserts that the invention claimed in the patent was not actually new or novel at the time the patent was filed. To be eligible for a patent, an invention must be both novel and non-obvious. If you can show that the patent is invalid because it is not novel or non-obvious, you may be able to avoid liability for infringement.

The accused product or process does not fall within the scope of the patent's claims: This defense asserts that the accused product or process does not infringe on the claimed invention because it does not fall within the scope of the patent's claims. To succeed on this defense, you must show that the accused product or process does not include all of the elements of the claimed invention.

The patent owner has not suffered any damages: In order to succeed in a patent infringement lawsuit, the patent owner must show that they have suffered some sort of harm as a result of the alleged infringement. If you can show that the patent owner has not suffered any damages, you may be able to avoid liability for infringement.

The accused product or process is being used for "experimental purposes" or "personal use": This defense may apply if the accused product or process is being used for the purpose of testing or evaluating the invention, rather than for commercial purposes.

The patent owner has engaged in "unclean hands" or other misconduct: This defense asserts that the patent owner has engaged in misconduct that would make it inequitable for them to enforce their patent rights. Examples of misconduct that might give rise to this defense include fraud, misrepresentation, or breach of a duty owed to the patent office.

If you have been accused of infringing on a patent, it is important to carefully consider these common defenses to determine whether you may be able to avoid liability. Working with an experienced intellectual property attorney can help you navigate this complex area of law and protect your interests.

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