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There are
different types of patent infringements:
-
When an
unauthorized person is using an invention, discovery, device
etc that is identical to someone else’s.
-
When an
unauthorized person is using an invention, discovery, device
etc that performs substantially, the same function in the same
way to achieve the same result as of someone else’s.
-
When
someone has applied for a patent, in one of the above cases.
In case of
patent infringement, the patentee (or their assignees) may sue
the infringer(s). There are two possible remedies available to
a successful plaintiff in an infringement action:
1-
An
injunction against further infringements or annulment of the
infringing patent.
2-
Monetary
damages (including loss of profit).
In order to
bring an infringement action, the plaintiff should either have
obtained a patent in Iran or have made an application for it
simultaneously with their action. However, the applicant may
not expect an injunction against those who had used (or had
been prepared to use) the invention before the applicant filed
his/her application.
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