What Is Patent Infringement?

A patent gives you exclusive rights to your invention. That means no one else can make, use, sell, or import it without your permission. When a competitor uses your protected technology or profits from your invention without approval, you have legal options to stop them and recover your losses.

Patent law is designed to protect inventors and the value of their work. To help you navigate these protections, let's break down what is patent infringement and your options if it happens to you.

Thorsnes Bartolotta McGuire represents inventors and businesses in disputes involving unauthorized use of patented technology. Our work focuses on identifying infringement and pursuing recovery when patented inventions are used without permission. Call (619) 236-9363 to discuss your rights with a patent infringement attorney.

How Patent Protection Works

A patent is a legal right granted by the United States Patent and Trademark Office. Once issued, it gives the patent holder control over the invention for a limited time. Utility patents generally last 20 years from the filing date, while design patents last 15 years.

This protection allows the patent holder to decide how the invention is used. You can manufacture and sell the product, license the technology to others, or prevent competitors from entering the market. When someone uses the invention without permission, they are stepping into territory the law reserves for you.

What Is a Patent Violation?

A patent violation happens when someone makes, uses, sells, offers to sell, or imports a patented invention without the patent owner's permission. This is the core of the patent infringement definition.

In simple terms, what is patent infringement comes down to overlap. If a competitor creates a product that falls within the scope of your patent, it may be considered infringement. It does not matter whether they knew about your patent.

If you’re wondering how common patent infringement is, consider this: in 2025, U.S. patent infringement cases rose by 12 percent, reaching over 4,500 filings.

This upward trend shows that more businesses and inventors are facing the reality that their inventions are being used without permission. For your product or business, this means staying proactive is crucial because these disputes are more common than you might think.

Three Types of Patent Infringement

Patent law recognizes three types of infringement: direct, indirect, and willful.

Direct Infringement

Direct infringement occurs when someone makes, uses, sells, offers to sell, or imports your patented invention without permission. To establish it, you must show that the competing product or process includes what your patent protects.​

This comes down to comparison. If another product uses the same features covered by your patent, it can qualify as infringement, even if it is not an exact copy.

Indirect Infringement

Indirect infringement occurs when a party contributes to or induces another to infringe a patent but does not directly make, use, or sell the patented product themselves.

This can happen when a party helps others use a product in a way that infringes your patent, such as by providing instructions or technical guidance. It can also arise when someone supplies a component designed for use in your patented invention, especially when that component has no meaningful use outside of it.

Willful Infringement

Willful infringement means continued use of your patented invention after the other party knows of your patent, often after they've been notified and don’t change their product or seek a license.

That decision can increase the amount you are entitled to recover.

If you are seeing a competing product that looks too close to your invention, the next step is to compare what your patent actually protects to what that product does.

We can review both products to determine if there’s infringement. Call (619) 236-9363 to consult with a patent attorney.

Patent Infringement Examples Across Industries

Patent infringement can affect you in any industry, from technology to manufacturing to consumer products. Here are a few examples that show how it happens.

Technology

You develop a patented signal processing method for wireless devices. After your product gains traction, a competitor releases a similar device that uses the same method. They do not license your technology or seek permission before launching. The competing product enters the market and begins taking sales.

Manufacturing

In other situations, the issue is not the finished product, but the role another party plays behind the scenes. You hold a patent on a machine used in a production process. Another company builds a similar system using a key component supplied by a third party. That supplier knows the component is designed specifically for your patented machine and has no real use outside of it. The system is assembled and sold using that part.

Software

Sometimes, the problem continues even after the patent is brought to the other side’s attention. You own a patent covering a specific software feature. A competing platform includes that feature and begins attracting users. You notify the company of your patent and explain the issue. Despite that notice, the company continues to offer the same functionality without making any changes or seeking a license.

Distribution and Sales

In other cases, infringement grows through how a product is marketed and used. You hold a patent on a product feature. A distributor begins marketing a competing product and instructs customers on how to use that feature. The distributor follows the manufacturer’s guidance and continues promoting the product as sales increase.

Steps to Take If You Suspect Patent Infringement

If you think someone is using your patented invention without permission, here’s what to do:

1. Contact a patent attorney as your first step. Time matters, and an attorney will assess if the other product falls under your patent claims.
2. Gather evidence immediately. Save product pages, user manuals, screenshots, or any public information showing how the product works. If you can, purchase the product and document its features.
3. Keep records of communication. If the infringing party has contacted you or you’ve reached out before, keep copies of emails or letters.
4. Avoid direct confrontation. Let your attorney handle any formal communication or action, whether it’s a cease-and-desist, licensing discussion, or legal steps.
5. Discuss your goals with your attorney. Decide whether you want to stop the product, seek royalties, or recover damages.

Ignorance Is Not a Defense to Patent Infringement

Yes. Not knowing about your patent does not give a competitor a free pass.

Patent infringement is not about intent. It is about whether someone used your protected invention without permission. If their product does what your patent covers, infringement happened regardless of what they knew or when they knew it.

Think of it this way: patents are public record. The moment the USPTO issues yours, it is searchable by anyone. The law expects businesses to do their homework before bringing a product to market. A competitor who skipped that step does not get to use ignorance as a shield.

Damages You Can Recover for Patent Infringement

When infringement is established, you can pursue monetary damages and a court order requiring the other party to stop using your invention entirely. Damages generally come down to two options:

• Lost profits cover the sales you would have made had the infringement not occurred. To pursue them, you need to show market demand existed for your invention, no comparable alternatives were available to customers, you had the capacity to meet that demand, and your actual profit margin on those sales.
• A reasonable royalty reflects the licensing fee the infringer should have paid you from the start. This is calculated based on comparable licensing agreements, the commercial relationship between the parties, and how much of the infringing product's value stems from your patented feature.

If the infringement was willful, courts can award up to three times the standard damages amount. An injunction can also be issued, prohibiting the other party from continuing to sell or use the infringing product.

Frequently Asked Questions About Patent Infringement

How Do I Know If Someone Is Infringing My Patent?

Start by looking at what your patent protects and comparing it to the other product. Focus on whether the same features appear in that product. A side-by-side comparison is usually needed to confirm it.

Does Someone Have to Copy My Invention Exactly to Infringe It?

No. A product does not need to be identical. If it uses the same features your patent covers, even with differences in design or appearance, it can still qualify as infringement.

Can I Handle Patent Infringement On My Own?

Patent issues depend on how your patent is written and how it applies to the product you are concerned about. Most situations require a detailed comparison. An attorney can perform that analysis and determine whether infringement exists.

What Should I Avoid Doing If I Suspect Infringement?

Avoid reaching out directly before you understand how your patent applies to the product. Early communication can affect how the situation develops. It is better to have a clear understanding of your position first.

What If The Product Is Changed After I Raise The Issue?

Changes to the product do not automatically resolve the issue. Whether those changes matter depends on what your patent protects and how the updated product works.

Thorsnes Bartolotta McGuire Protects Inventors and Patent Holders

When someone uses your invention without permission, you have the right to stop it and recover related financial losses, such as lost sales or unpaid licensing fees.

Thorsnes Bartolotta McGuire has been serving California businesses and inventors since 1978. Our firm has recovered more than $2 billion in verdicts and settlements in complex litigation matters.

If your patented product is being used in a way that violates your rights, call (619) 236-9363 or contact us online to speak with a patent attorney.