How does South Africa deal with patent infringement?

The Court of the Commissioner of Patents deals with both infringement and invalidity. If appropriate, it will do so simultaneously. Frequently, however, the parties request the Court to deal with the one or the other matter first to dispose of the matter most efficiently.

What happens if you accidentally infringe on a patent?

If the patent owner can prove that the infringer knew about the patent, and proceeded to willfully infringe it, the patent owner is entitled to treble (legalese for triple) damages. The challenge, however, is that it is very difficult to prove willful infringement.

What is infringement of patent rights?

Patent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. Permission may typically be granted in the form of a license.

What is an example of patent infringement?

Making, using, selling, trying to sell, or importing something without obtaining a license from the patent holder is considered direct patent infringement.

How do you determine patent infringement?

Whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States, or imports into the United States any patented invention during the term of the patent is guilty of patent infringement.

Can software be patented in South Africa?

The South African Patents Act of 1978 currently excludes a “program for a computer” from patentability. However, this exclusion applies only to the extent to Page 3 which a patent or an application for a patent relates to software or a computer program, as such.

Is patent infringement civil or criminal?

liability civil offense
Generally, patent infringement is a strict liability civil offense.

How do you determine if you are infringing on a patent?

To analyze infringement, you must check each independent claim in the patent and see if each claim feature is found in your product. If an independent claim is not infringed, then logically a dependent claim cannot be infringed.

What are types of patent infringement?

Types of Patent Infringement

  • Direct Infringement: As any patent lawyer will tell you, this is the most obvious form of unauthorized use.
  • Indirect Infringement: There are actually two types of indirect infringement.
  • Willful and Literal Infringement: Willful infringement involves the concept of intention.

What are the grounds for the infringement of patents?

As per section 104(A) of the Indian Patents Act, 1970, in a patent infringement suit, where the subject matter of patent is a process for obtaining a new product or there is substantial likelihood that an identical product is made by the patented process and the patent holder or a person deriving title or interest in …

What is considered violating a patent?

Violation of a patent owner’s rights with respect to some invention. Unless permitted by the patent owner, one commits patent infringement by making, using, offering to sell, or selling something that contains every element of a patented claim or its equivalent while the patent is in effect.

How do you know if you infringe on a patent?