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  • Can one infringe a patent without having knowledge of the patent?
    • Yes. Infringement occurs when one practices the invention described in the claims. Knowledge, or lack thereof, is generally irrelevant to issues of liability. Independent development is not a defense. Knowledge of the patent by the infringer, however, can be relevant to damages. Many companies do new product clearance searches to avoid law suits.

    Updated: 11/12/99
    Important: These Frequently Asked Questions (FAQs) provided by the Patent Cafe where prepared by N Paul Friederichs III and Andy Gibbs. They are used with permission of the Patent Cafe. More intellectual property resources can be found at the Patent Cafe.

    These Frequently Asked Questions are based on Federal Law.
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