How To Deal With Patent Infringement By Inducement

Patent infringement by inducement is a form of secondary liability for patent infringement. It occurs when a person or a company encourages or aids others in infringing on a patent by providing instructions, advertising, or selling a product that can be used for an infringing purpose. This type of infringement can be very damaging to the patent owner, as it can result in widespread and unauthorized use of their patented invention.

How to Stop Inducement

To prove patent infringement by inducement, the patent owner must show that the alleged inducer knew their actions would lead to infringement and cause direct infringement by another person. The knowledge requirement can be satisfied by direct or circumstantial evidence, such as prior communications, warnings, or notices from the patent owner. The causation requirement can be met by showing that the alleged inducer provided material assistance or influence to the direct infringer.

How to Take Action

If you are a patent owner and suspect that someone is inducing infringement of your patent, you should take action as soon as possible to protect your rights and interests. 

Gather evidence of the alleged inducement. You should collect any documents, communications, advertisements, or products that show how the alleged inducer is encouraging or facilitating infringement of your patent. 

Then, contact a patent attorney. A patent attorney evaluates your case's strength, assesses the potential damages and remedies, and prepares a demand letter or a complaint for patent infringement.

Stop Patent Infringement

Send a cease and desist letter. You can send a letter to the alleged inducer demanding that they stop their infringing activities and pay you compensation for the harm they have caused. A cease and desist is a warning and a negotiation tool, but it is not legally binding. You should consult your patent attorney before sending such a letter, as it may have legal implications and consequences.

Take Them to Court

If the alleged inducer does not respond to your letter or refuses to comply with your demands, you may need to file a lawsuit for patent infringement in federal court. A lawsuit can allow you to seek an injunction to stop the infringing activities and monetary damages for past and future violations. A lawsuit can also deter others from inducing infringement of your patent.

Patent infringement by inducement seriously threatens your intellectual property rights and your business. You should not ignore it or tolerate it. You should take swift and effective action to enforce your patent and stop the infringing activities. By doing so, you can protect your innovation and competitive advantage in the market.

Contact a patent lawyer to learn more.