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patent infringement

Patent infringement is the unauthorized use of a patented invention, violating a patent holder’s rights. Patent infringement occurs when a person or entity (without the patent holder’s permission) makes, uses, offers to sell, sells, or imports a product or process within the United States, or imports into the United States, an product or a process that contains every element of a patented claim or its equivalent while the patent is valid and enforceable. Patent infringement is governed by federal law, primarily 35 U.S.C. § 271(a) .

Types of infringement include:

• Direct infringement : When the accused product or process itself practices every element of a claim.
• Indirect infringement : Includes inducement (encouraging or aiding another to infringe) and contributory infringement (supplying a component specially made for use in an infringing product).

[Last reviewed in September of 2025 by the Wex Definitions Team
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