So I have a question that I couldn't find an answer to. The question is as follows:

Is it true that in order to be prosecuted under patent infringement laws, the patent holder has to show that the defendant had full knowledge of the patented system?

1 Answer 1


Patent infringement is defined by 35 USC Section 271 ==> http://www.law.cornell.edu/uscode/text/35/271

While the statute does not state any requirement for intent, case law requires proof (circumstantial or otherwise) of intent (knowledge of the patent and that the actions would lead to infringement) for both inducement (Section 271(b)) and contributory infringement (Section 271(c)); however, direct infringement (Section 271(a)) does not require a showing of intent.

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