Defenses
The single most common defense to patent infringement is a counter-attack on the patent itself, i.e., the validity of the patent and the allegedly infringed claims. Even if the patent is valid, the plaintiff must still prove that every element of at least one claim was infringed. In case of a medical procedure patent issued after 1996, a U.S. infringer may also raise a statutory safe harbor defense to infringement.
There is ] for research conducted for "purely philosophical" inquiry, but research directed to commercial purposes has no safe harbor - unless the research is directed toward obtaining approval of the Food and Drug Administration (FDA) for introduction of a generic version of a patented drug (see Research exemption and Hatch-Waxman Act).
Read more about this topic: Patent Infringement Under United States Law
Famous quotes containing the word defenses:
“We are a nation of politicians, concerned about the outmost defenses only of freedom. It is our children’s children who may perchance be really free.”
—Henry David Thoreau (1817–1862)