Intellectual Property
Dec. 16, 2014
Can 'good faith' excuse induced patent infringment?
Indirect patent infringement, by inducement, isn't a strict liability offense, so companies with a good-faith belief that their products don't infringe have been able to avoid inducement liability. Should they?
Ben M. Davidson
Founder
Davidson Law Group ALC
Intellectual Property
Email: Ben@dlgla.com
George Washington Univ Law School
Ben is a former patent examiner and represents corporations in intellectual property litigation and proceedings before the U. S. Patent & Trademark Office.
There are two ways to infringe a patent. A defendant can infringe directly, by using the patented invention itself under 35 U. S. C. Section 271(a). This is a strict liability offense. It doesn't depend on the accused infringer's state of mind. A defendant can also defend indirectly under Section 271(b), including by "actively inducing" another person - typically a customer - to infringe. Inducement is not a strict liability offense, so companies that have a good-faith belief that their ...
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