What is patent infringement?

In general, 35 U.S.C. 271 defines infringement as "whoever without authority makes, uses, or sells any patented invention, within the United States during the term of the patent therefor, infringes the patent." Infringement can be direct, indirect, or contributory. Anyone who makes, uses, or sells the patented invention is a direct infringer. where a potential infringer has actual notice of another'spatent rights, he or she has an affirmative duty to exercise due care to determine whether or not he is infringing. Failure to exercise due care can result in a finding of "wilfull infringement" which can further result in treble damages and/or attorney fees if actual infringement is found.
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