Direct Infringement Law and Legal Definition

Under U.S. law, a patent owner may enforce the right to exclude others from making, using, or selling the patent invention in an action for patent infringement. Anyone who, without the owner's consent, makes, uses, or sells in the U.S. any product, process, apparatus or composition that is legally protected by at least one claim in the owner's patent is liable for direct infringement of the patent. Under test of direct infringement, one can be liable for patent infringement even though one was unaware of the patent or that the acts one is carrying out are tortuous.