There are two types of indirect patent infringement, inducement and contributory infringement. Learn what the difference is and how to recognize and avoid indirect infringement.
What is inducement of patent infringement?
Inducement of patent infringement is (sparingly) defined by statute in 35 U.S.C. §271(b). Affirmatively and intentionally causing, encouraging, or aiding the direct infringement of another constitutes inducement. As with all indirect patent infringement, it requires that you knew or should have known of the infringed patent.
What is contributory patent infringement?
Contributory infringement is defined by statute in 35 U.S.C. §271(c). It is contributory infringement to offer for sale or import a part of a patented invention, knowing that it is specially adapted for infringing the patent, where the part has no substantial non-infringing uses.
Thus, contributory infringement can be thought of as a type of inducement, in which the intent to cause direct infringement can be inferred from the fact that the product offered for sale is suitable only for patent infringement (“When a manufacturer includes in its product a component that can only infringe, the inference that infringement is intended is unavoidable.” Ricoh Co., Ltd. v. Quanta Computer Inc., 550 F.3d 1325, 1337 (Fed. Cir. 2008)).
As with all indirect patent infringement, prerequisites for a finding of contributory patent infringement include some direct infringement and that the indirect infringer knew or should have known of the infringed patent (otherwise the indirect infringer could not know the product was specially adapted for infringement).
Future posts will explain each type of indirect infringement in greater detail. Let me know if you have any questions.
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