Proximate vs. Geographic Limits on Patent Damages

Authors

Stephen Yelderman, Notre Dame Law SchoolFollow

Document Type

Article

Publication Date

2018

Publication Information

7 IP Theory 1 (2018)

Abstract

The exclusive rights of a U.S. patent are limited in two important ways. First, a patent has a technical scope—only the products and methods set out in the patent’s claims may constitute infringement. Second, a patent has a geographic scope—making, using, or selling the products or methods described in the patent’s claims will only constitute infringement if that activity takes place in the United States. These boundaries are foundational features of the patent system: there can be no liability for U.S. patent infringement without an act that falls within both the technical and geographic scope of the patent.

Recommended Citation

Stephen Yelderman, Proximate vs. Geographic Limits on Patent Damages, 7 IP Theory 1 (2018).
Available at: https://scholarship.law.nd.edu/law_faculty_scholarship/1387