Contributory Infringement

Contributory Infringement

Contributory Infringement

The claim requires sale of a material component of the invention, knowledge that it is especially made for infringing use, and absence of substantial non-infringing uses.

Staple articles of commerce are excluded.

Alternative Names:

Contributory Patent Infringement|Component Infringement

Why it Matters?

Substantial non-infringing use is a complete defense, and establishing that the component has commercially viable alternative applications defeats the claim regardless of how customers actually use it, which makes documenting alternative uses valuable before litigation arises. The staple article exclusion covers general purpose components. Direct infringement by a customer remains a prerequisite, so defeating the underlying infringement defeats both indirect theories.

Frequently Confused with

Related terms

Frequently asked questions

What is the complete defense?

What is the complete defense?

Substantial non-infringing use, which defeats the claim regardless of how customers actually use the component.

Is direct infringement required?

Is direct infringement required?

Yes. Defeating the underlying direct infringement defeats both contributory and induced theories.