infringement

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now
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. The definition of patent infringement may vary by jurisdiction, but it typically includes using or selling the patented invention. In many countries, a use is required to be commercial (or to have a commercial purpose) to constitute patent infringement.
The scope of the patented invention or the extent of protection is defined in the claims of the granted patent. In other words, the terms of the claims inform the public of what is not allowed without the permission of the patent holder.
Patents are territorial, and infringement is only possible in a country where a patent is in force. For example, if a patent is granted in the United States, then anyone in the United States is prohibited from making, using, selling or importing the patented item, while people in other countries may be free to exploit the patented invention in their country. The scope of protection may vary from country to country, because the patent is examined -or in some countries not substantively examined- by the patent office in each country or region and may be subject to different patentability requirements.

View More On Wikipedia.org
  1. J_R_Kelly

    NSW Is it not the case that every Youtube video that a person watches breaks copyright?

    Greetings. I was researching the concept that maybe watching a video that contains some material that is copyright-infringing, to be more exact, watching a video that contains some seconds of third party stuff is illegal. I had looked at the link below and found some concepts which confused me...
  2. N

    QLD 2 1/2 year old infringement.

    Hello, I am wondering if there is any time limit for the police to issue infringement notices as I have just received an infringement from 30 months ago. It was a red light camera infringement and it appears that I have driven through it when the wrong light changed. Thank you.
  3. K

    QLD Parking fine GOLD COAST - Meter not working - Appeal dismissed, infringement not withdrawn

    I parked in a 2P Metered zone where the meter was faulty (completely out of order) - the meter was immediately adjacent to my car/parking space. I did make some effort to render it functional (I have photos and video of the meter showing that is in some kind of "back end" mode and not...
  4. Vadim S

    NSW trademark infringement

    G'day, What should we do if we have discovered that someone is infringing our registered trademark? Thank you in advance Vadim
  5. D

    NSW Baseline security clearance & criminal infringement notice

    Hi, I was given a criminal infringement notice 7 years ago for shoplifting. I paid the fine immediately. My questions are: 1) will the CIN show up in a federal governement baseline security clearance check (includes national police check)? 2) is it guaranteed that fingerprints are destroyed on...
  6. O

    VIC Traffic Infringement Withdrawn and nothing more

    I received a Traffic Infringement Notice as was stopped for not slowing down whilst coming off one freeway and joining another. The Limit reduced to 80 and I continued at the speed which was clocked at 108kmh, it was over the Xmas period, roads were empty and there was no other vehicles around...
  7. V

    Criminal Infringement Notice listed on Criminal Record?

    Hi All, Will CIN be listed on criminal record issued by AFP or on NPC? I am referring to CIN for speeding and shoplifting (both only CIN) and the policed confirmed if anyone asked have you been “convicted”? The answer is a NO. Thanks All.
  8. M

    QLD Incorrect licence on unpaid rego infringement

    I received traffic infringements for 1 x unregistered vehicle & 1 x unregistered vehicle over 31 days. The car was not mine and I was using it solely to assist my friends mother with some odd jobs. The infringements have been passed to SPER and both notices have incorrect licence details on...
  9. W

    VIC Parking infringement at a uni

    Hi all, my bf has a parking fine at university melbourne last week. It was a hefty sum for parking in loading zone?? I am curious as im wondering if Melbourne uni have the right to enforce infringements ?? And what happens if you dont pay. I believe on the receipt it does say Infringement act...
  10. D

    VIC Company Car Parking Infringement

    I have been asked to research into an issue with a parking penalty issued. A company car was being driven by an employee who parked in a truck zone and was fined. Who is responsible for paying the fine? Do we have to nominate the driver? Finally if the employee didn't hand the fine over...