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Typically they have to pay the patent holder the profits from the illegal gain plus penalties. Unless they obtain a license as part of the settlement, they will have to stop producing the item.

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Q: What happens when someone violates a patent?
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What is a pending payment?

This means the paperwork has been submitted to and received by the patent office, but the office has not given the idea a patent yet. If someone violates a pending patent that is later approved, it's the same legally as violating an established patent, under American law. Note that other countries' legal interpretation will differ.


What happens if someone does not follow the patent rules?

Depending upon which rules you mean, they could be denied a patent application, have their issued patent voided, have patented claims cancelled, be prohibited from extending their patent application to other countries, and so forth. If you refer to someone other than a patentee, failing to "follow the rules" might prevent someone from obtaining a patent on their own device, or find themselves infringing someone else's patent.


What happens if a patented invention is copied by someone else?

An issued patent gives the patent holder the right to sue an infringer (either someone who affirmatively copied the invention or even someone who innocently constructed the claimed invention without knowledge of the patent) for damages (money) and an injunction (to stop infringing activity).


Are patents goods?

No: "Goods" in business must be tangible materials, and the value of a patent is the right to exclude others from practicing the claims of the patent. This right is not in itself tangible, but it may be converted to a tangible asset by licensing the patent or suing anyone who violates it.


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