Patent litigation refers to the legal proceeding in a court to determine and enforce legal rights of a patent. Patent is an exclusive right granted to an inventor or an applicant for an invention for a particular period of time in a country. Since the patent rights are territory specific, patent litigation can be carried out only in a country where the patent is protected. Patent owner granted with a monopoly rights to manufacture, sell, offer to sell, import, license the invention etc. Patent litigation involves a legal action against a third party who has accessed to the right of the patent owner without the permission, which is an act of patent infringement. A permission to use a patented invention is obtained through a license.
Patent Litigation Process and Services
The test for the patent infringement is different from country to country. However, in general concept, the product or the process which is used by an infringer needs to be fall within the scope of the claims of the patent holder. Patent infringement can be of two type i.e. direct infringement and inherent infringement. Direct infringement occurs when the infringer directly makes, uses or sells the patented invention either product or process. Indirect infringement occurs such as contributory infringement and induced infringement occurs when an infringer commits some kind of act less than actually making, using or selling the patented invention, but is still involved in steps that ultimately lead to a direct infringement of the patented invention. In response to an allegation of infringement, an accused infringer generally assert one or more of the following to protect themselves .....more about patent litigation process and services