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Patent Information » Patent FAQ

What are the Penalties Associated with Violating a Patent?

What constitutes patent infringement and the damages that may be awarded.


Patent Infringement

When someone violates the patent rights of another person, it is known as infringement. When infringement occurs, there are different scales of action that may be taken to protect patent rights, including suing an infringer by the patent holder. If a patent infringement case is taken to federal court, the patent holder may ask the court for an injunction to prevent further infringement and also ask for monetary awards to cover damages caused by the already committed infringement. If litigation of the case is successful for the patent holder, they may recover monetary awards that are “not less than a reasonable royalty”, or in some cases may receive lost profit values to cover their damages. Furthermore, treble damages may be awarded in favor of the patent holder if they successfully prove willful infringement occurred, meaning they would get triple the monetary award.

 

 

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