Which of the following are defenses to patent-infringement claims?
A) Noninfringement, invalidity of the patent, misuse of the patent, and innocent infringement
B) Noninfringement, invalidity of the patent, fair use, and innocent infringement
C) Noninfringement, fair use, misuse of the patent, and innocent infringement
D) Fair use, misuse of the patent, innocent infringement, and illegality of the patent

Question

Quizplus · Accepted Answer

Noninfringement is a defense that asserts that the accused product or process does not infringe the patent claims. Invalidity of the patent is a defense that asserts that the patent should never have been granted in the first place due to, for example, prior art or obviousness. Misuse of the patent is a defense that asserts that the patent owner has used the patent in an anticompetitive or deceptive manner. Innocent infringement is a defense that asserts that the accused infringer did not know that the patent was in force or was not aware that their conduct constituted infringement. Fair use is not a defense to patent infringement claims, but rather a defense to copyright-infringement claims. Illegality of the patent is not a recognized defense.

Which of the Following Are Defenses to Patent-Infringement Claims