patent infringement 侵犯专利权

指未经许可而制造、销售或使用他人享有专利权之发明，或故意引诱实施前述行为。在美国，联邦法院对侵犯专利权的案件享有专有管辖权，可作出禁制令，禁止实施未经授权行为，并可判决向原告赔偿损失。而被告则多以对原告专利的有效性提出异议或以自己的行为并不构成侵权为由进行抗辩。

Patent infringement is the commission of a prohibited act with respect to a patented invention without permission from the patent holder. Permission may typically be granted in the form of a license. The definition of patent infringement may vary by jurisdiction, but it typically includes using or selling the patented invention. In many countries, a use is required to be commercial (or to have a commercial purpose) to constitute patent infringement. The scope of the patented invention or the extent of protection is defined in the claims of the granted patent. In other words, the terms of the claims inform the public of what is not allowed without the permission of the patent holder. Patents are territorial, and infringement is only possible in a country where a patent is in force. For example, if a patent is granted in the United States, then anyone in the United States is prohibited from making, using, selling or importing the patented item, while people in other countries may be free to exploit the patented invention in their country. The scope of protection may vary from country to country, because the patent is examined – or in some countries not substantively examined – by the patent office in each country or region and may be subject to different patentability requirements. 具体例句如下，供参考：

例句1

In certain jurisdictions, there is a particular case of patent infringement called “indirect infringement.” Indirect infringement can occur, for instance, when a device is claimed in a patent and a third party supplies a product which can only be reasonably used to make the claimed device.

在某些司法管辖区，有一个被称为“间接侵权”的侵犯专利权案例。例如，当一个设备在专利中被要求保护，而第三方提供的产品只能合理地用于制造要求保护的设备时，就可能发生间接侵权。

例句2

Patent infringement refers to the violation of a patent owner's rights with respect to some invention. Unless permitted by the patent owner, one commits patent infringement by making, using, offering to sell, or selling something that contains every element of a patented claim or its equivalent while the patent is in effect. For infringement to occur, the prohibited act must be done in the United States or a violating product must be imported into the United States after being created abroad.

侵犯专利权是指侵犯专利权人对某项发明的权利。除非得到专利权人的许可，否则在专利有效期间，一个人通过制造、使用、提议出售或出售包含专利权利要求或其等同物的每一个要素的东西来实施侵犯专利权。若是发生侵权，被禁止的行为必须在美国进行，或者侵权产品必须在国外制造后进口到美国。

例句3

Patent infringement insurance is an insurance policy provided by one or more insurance companies to protect either an inventor or a third party from the risks of inadvertently infringing a patent.

侵犯专利权保险是由一家或多家保险公司提供的保单，旨在保护发明人或第三方免受无意中侵犯专利的风险。

例句4

“A threat to bring a patent infringement action is highly likely to influence the commercial conduct of the person threatened, which is why the law of some countries, including the UK, provides that the making of a groundless threat to sue is, within certain carefully prescribed limits, an actionable wrong in itself.” This however is not the case in the United States.

“提起侵犯专利权诉讼的威胁极有可能影响受威胁者的商业行为，这就是为什么包括英国在内的一些国家的法律规定，在某些精心规定的限度内，做出毫无根据的起诉威胁本身就是一种可起诉的错误。”然而，美国的情况并非如此。