What is inadvertent infringement?

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What is inadvertent infringement? Video Transcript

Inadvertent infringement is when someone does not know that they are infringing. They may not know because they never did a search of the patent. They may not have noticed. If they do not have the intent to infringe or knowledge because you have not notified them, the damages could be limited. Generally, the damages are contributory damages or compensatory damages. The willful infringer who actually infringes knowingly may have to pay treble damages in some occasions and could have additional penalties in the form of compensatory damages to compensate you for the loss of profits over time. Innocent infringer is not a defense generally if they have a constructive notice because the patent is published and issued. When you put them on notice, they really need to act and respond to your letter which could be a cease and desist letter if you are hoping to assert your patent against someone else.

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