What Are Examples of Patent Infringement?
Patent infringement occurs when an individual or business uses, makes, sells, or imports a patented invention without permission from the patent owner. Because patents cover a wide range of products, processes, and technologies, infringement can happen in nearly any industry—from software and manufacturing to pharmaceuticals and consumer goods. Understanding real-world examples of patent infringement can help inventors, entrepreneurs, and businesses recognize potential risks and avoid costly legal disputes.
What Is an Example of Patent Infringement?
One common example of patent infringement appears in the technology sector. Suppose a company releases a smartphone that includes a patented feature—such as a unique touchscreen gesture, data encryption method, or hardware configuration—without obtaining a license from the patent holder. Even if the company independently developed the feature, using a patented invention without authorization can still constitute infringement.
Another frequent example arises in the pharmaceutical industry. If a manufacturer produces and sells a generic version of a drug while the original drug’s patent is still in force, that action may infringe on the patent owner’s exclusive rights. Patents are designed to give inventors a limited monopoly, and premature competition can trigger legal claims.
Manufacturing provides another illustration. A company may adopt a production process that closely resembles a patented method for making a specific product—such as a novel way of combining materials or executing steps in a precise order. If the process relies on the same core innovation protected by a patent, the patent holder may claim infringement and seek damages or an injunction.
What Counts as Patent Infringement?
Patent infringement generally occurs when someone performs any of the following actions without permission from the patent owner:
- Making a patented product
- Using a patented invention or process
- Selling or offering to sell a patented product
- Importing a patented invention into the United States
Importantly, intent is not required. A party can infringe a patent even if they were unaware the patent existed. Courts focus on whether the accused product or process falls within the scope of the patent’s claims, not whether infringement was deliberate.
What Are the Three Types of Patent Infringement?
Patent infringement is commonly discussed in three categories:
1. Literal Infringement
Literal infringement occurs when an accused product or process includes every element of at least one claim of a patent exactly as written. If even one required element is missing or altered, literal infringement may not apply.
2. Infringement Under the Doctrine of Equivalents
This type of infringement extends beyond the exact wording of a patent’s claims. Under the doctrine of equivalents, infringement can be found when an accused product or process performs substantially the same function, in substantially the same way, to achieve substantially the same result as the patented invention—even if it is not identical in form.
3. Indirect Infringement
Indirect infringement includes actions such as inducing infringement (encouraging or aiding another party to infringe) or contributory infringement (providing a component that has no substantial non-infringing use). In these cases, liability arises from enabling or supporting infringement rather than directly committing it.
How Do I Know If I Am Infringing on a Patent?
Determining whether you are infringing on a patent can be complex. The first step is conducting a patent search to identify existing patents that may relate to your product or process. Next, a detailed comparison—often called a “claim analysis”—is performed to see whether your invention falls within the scope of one or more patent claims.
Because patent language can be highly technical, many individuals and businesses consult a patent attorney or intellectual property professional. Legal guidance can help assess risk, explore licensing options, or modify a design to avoid infringement altogether.
Why Understanding Patent Infringement Matters
Patent infringement claims can lead to expensive litigation, financial damages, and business disruption. By understanding what counts as infringement and recognizing common examples, businesses and innovators can take proactive steps to protect themselves while respecting the rights of patent holders.
If you believe your product or process may overlap with an existing patent, early legal advice can make the difference between a manageable adjustment and a costly legal battle.