Infringement

Infringement occurs when an individual or entity violates the exclusive rights attached to Intellectual Property (IP) without the permission of the owner. It is the unauthorized exploitation of protected works, whether that involves manufacturing a patented device, using a confusingly similar brand name, or copying a protected piece of software.

In the context of patents, Patent Infringement happens when a third party makes, uses, sells, offers to sell, or imports a product or process that falls within the exact scope defined by the patent's Claims. The patent holder bears the burden of proving infringement by demonstrating that the accused product contains every element listed in at least one of the patent's independent claims.

Trademark infringement involves the unauthorized use of a Trademark or service mark on or in connection with goods and services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods. Courts evaluate factors such as the similarity of the marks, the proximity of the goods in the market, and the intent of the defendant to determine if infringement occurred.

Copyright infringement is the reproduction, distribution, performance, public display, or creation of derivative works without the copyright owner's consent. This can range from piracy of movies and music to the unauthorized use of images on a website or copying blocks of text from a published article.

Enforcing IP rights against infringement is entirely the responsibility of the IP owner; the government does not police infringement. Owners typically start by sending a cease-and-desist letter. If ignored, the owner must initiate civil litigation in federal court to seek an injunction to stop the infringing activity and recover monetary damages for lost profits.