Direct Infringement

A patent is directly infringed by “whoever without authority makes, uses, offers to sell, or sells” the patented invention.[1] In this situation the patent is considered “directly” infringed because the party that actually committed the infringement is the party that is liable. Direct infringement is a strict liability offense, and therefore liability depends only on whether the actions necessary for infringement have occurred.[2] Even if an infringer was unaware the infringed patent existed and otherwise did not intend to infringe the patent, the infringer is still liable. (more…)