What is the definition of "patent infringement"?

Prepare for the Patent Bar Exam with comprehensive quizzes. Utilize flashcards and multiple-choice questions, complete with hints and explanations, to ensure success on your exam!

The definition of "patent infringement" is accurately represented by the description of unauthorized use, production, or sale of a patented invention. Infringement occurs when an individual or entity uses a patented invention without the permission of the patent holder, violating the exclusive rights granted by the patent. This unauthorized activity can include making, using, selling, or offering to sell the patented invention.

The comprehensive definition encapsulates all aspects of how a patent can be infringed, emphasizing that both production and sale fall under acts that can infringe a patent. Furthermore, the element of unauthorized use distinguishes infringing actions from legitimate ones, making it clear that permission from the patent holder is a critical requirement in lawful usage of a patented invention.

It's important to note that simply applying for a patent does not constitute infringement; rather, it is a legal process to obtain protection for an invention. The unintentional distribution of patented products also fails to capture the full scope of infringement, as intentionality or lack thereof does not change the infringement status. The term 'unauthorized' in the context of use, production, or sale succinctly covers all potential infringement scenarios, making this definition comprehensive and accurate.

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