Intellectual property and patents are a hot topic in business circles, but patent infringement is a complicated issue and one that can have serious consequences for your business. In this article we’ll explain what patent infringement is, who might infringe on your patents, what you can do about it, and how to avoid patent infringement in the first place.

What is patent infringement? 

Patent infringement is a violation of someone else’s patent or patent rights. In the United States, this can occur if you make use of a patented invention without permission from the patent owner, or if you make, sell or import a patented invention into the US.

Who might infringe on your patents? 

Who might infringe on your patents and should you be worried about it? There are several groups of people who may infringe on your patents.You’ll probably see different groups listed in different cases. Maybe you’ll even find that some people don’t infringe at all! Patent infringement is accuses someone of using the quick response mechanism of a patent to say, “Oops! I didn’t realize you could use my protected intellectual property to do that.” But patent law is pretty well defined. Patents are not like copyright and trademark. Someone doesn’t need permission or authorization to use your patent in your business. And the patent in this case can take many forms. A lot of what the law concerns itself with relates to statutory damages. We'll go into those in a little bit. But below is a short definition of infringement that can be used by attorneys to help you understand what is involved in any possible patent infringement case. Infringement is a taking of someone else’s ideas or mechanics for use in a specific and useful way. It could be taking a very simple idea and putting it into a complicated system so that you can come up with an entirely new use for the idea. Patents are a good example. Take the "ducking" bird patent and put it into context with something that happens every day in the world of birds: the pocket piece. A pocket piece of paper is similar to a duck. Except the one major difference is that pocket pieces are easier to grab and hold than a duck. This makes pocket pieces great as a hunting tool.

 What can you do about it? 

Be kind, be honest, and be humble. Don’t be afraid to say sorry or admit to your mistakes. Don’t be afraid to ask for help. Don’t be afraid to apologise if you do something wrong. You’re not perfect. No one is.

Patent infringement can be defined as the unauthorized use of someone else’s intellectual property, such as a patent, copyright, patent application, trademark, or trade dress. Sometimes referred to as inconsistencies, it is generally considered an unintentional infringement of another's intellectual property. You are violating a contract or a business policy, rather than stealing something from someone. 

What are You Guilty of?

The overlap between what you think you own and what you actually do may give you simple solutions. However, forget everything you have ever heard about someone “not being able to prevent someone else from infringing on their copyright.” Thousands of businesses fail each year because they did everything within their power to stop someone else from stealing their ideas. 

Companies hire skilled intellectual property professionals to look over their intellectual property portfolios and find potential infringing patterns. Then, they contact the infringer for a potential contract enforcement action to seek compensation. Sometimes that process involves infringement lawyers. This is where the lie detector test comes in handy. Don’t care what anyone tells you, and definitely don’t care what your lawyer tells you!

 How to avoid patent infringement in the first place

Patent holders, a.k.a., inventors, hold the patent on many technological advances and innovations that have made our everyday lives a little easier or more efficient. Patent law dictates when a technology or process becomes “fair game,” and in the business world, “fair game” means simply that the other person cannot use or sell a patented idea or process without being legally permitted to. 

While there are standard contract rules to protect your ideas and intellectual property, there are limits beyond that of your contracts to protect your business’s business ideas and intellectual property. That’s why infringement of your business’ intellectual property is important to understand and how you can protect yourself.