Infringement and Enforcement
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Infringement occurs when an invention of a patented product or process is used without the consent of the patent owner while the patent is in force.
In general, there is infringement when a party, without the consent of the patent owner, makes, disposes of, offers to dispose of, uses or imports the product or keeps it whether for disposal or otherwise.
In general, there is infringement when a party uses the process or offers it in Singapore when he knows, or it is obvious to a reasonable person in such circumstances, that the use without consent would be infringing on the rights of the patent owner. It is also an infringement when he disposes of, offers to dispose of, uses or imports any product obtained directly by means of that process or keeps any such product whether for disposal or otherwise.
The patent owner can take civil legal action against an infringing party, seeking relief in the form of an injunction to stop the infringing action, demand for the profits gained by the infringing party at his expense and/or, seek damages for the loss suffered.
It is a criminal offence to make unauthorised claims about patent rights or patents applied for. If a party falsely claims his product is "patented" or "patent pending" or he claims to have applied for a patent for his product without actually doing so, he may be subject to legal proceedings.
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