Direct and Indirect: Understanding the Types of Patent Infringement

Patent infringement occurs when someone violates the rights of a patent owner without their consent or license. It may involve third-party use of the patented invention. Patent infringement cases usually focus on two main aspects: the patented invention and the evidence presented to the court. The courts interpret the patented invention based on the patent elements, including claims and descriptions. The patent owner bears the burden of proving patent infringement, either literally or equivalently, as the patent gives them the right to prevent others from practicing the invention.


35 US Code § 271 defines patent infringement as unauthorized acts such as making, using, offering to sell, or selling any patented invention within the US or importing any patented invention into the country during the patent term. The statute covers three types of infringement: direct, induced, and contributory infringement.

Direct Infringement

Direct infringement occurs when a single entity performs all steps of a claimed method or process without authorization. It is a wrongful act that does not require finding knowledge or intent to rule in favor of the plaintiff. The court broadly interprets the term "uses" to hold third parties liable for direct infringement, even if all elements are not present. However, for process claims, direct infringement requires the performance of each step by the third party.

Indirect Infringement

Indirect infringement occurs when a defendant participates in or encourages infringement without directly infringing the patent. A plaintiff claiming infringement must prove that the defendant was aware of the existence of a patent and continued to infringe indirectly. Indirect infringement includes induced and contributory infringement.


Induced infringement is when the infringer attempts to bring about new steps to arrive at the desired result. Contributory infringement occurs when someone sells a component used in a patented product or process, knowing it is "specially adapted" for use in infringing a known patent and is not a "staple article or commodity."

To know more about, read our article on Types of Infringement.

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