reverse infringement

English

Noun

reverse infringement (countable and uncountable, plural reverse infringements)

  1. (patent law) A situation where a prior disclosure (such as prior art) anticipates a claimed invention, effectively rendering the prior art an infringement of the patent if the patent were valid.
    • 1990, Adelaide Law Review Association (contributor), An Annual Survey of Australian Law, page 306:
      His Honour held that the test of anticipation or want of novelty was that of reverse infringement and the guidelines in Hill v. Evans.
    • 1999, Catherine Colston, Principles of Intellectual Property Law, page 86:
      An effective way of securing the right to work is to test the invention which is the subject of a patent application by comparing the invention and the prior art and asking whether the invention would 'infringe' the prior art - a test of reverse infringement.
    • 2018, Alessandro Arduino, Xue Gong (editors), Securing the Belt and Road Initiative, Risk Assessment, Private Security and Special Insurances Along the New Wave of Chinese Outbound Investments, page 285:
      The failure to comply with the European procurement law would most likely lead to fines and proceedings to reverse infringements.
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