Fandom

The IT Law Wiki

Substantial noninfringing use

32,198pages on
this wiki
Add New Page
Talk0 Share

Ad blocker interference detected!


Wikia is a free-to-use site that makes money from advertising. We have a modified experience for viewers using ad blockers

Wikia is not accessible if you’ve made further modifications. Remove the custom ad blocker rule(s) and the page will load as expected.

Definition Edit

A substantial noninfringing use refers to the use made of a product that does not infringe the intellectual property rights of another. This alternative use must be significant enough so that it exceeds mere far-fetched or aberrant use.[1]

Overview Edit

There is no concrete test to determine if a use is substantial or not, however; the U.S. Supreme Court has held that elements to consider when determining substantiality include, "the use's frequency, the use's practicality, the invention's intended purpose, and the intended market."[2]

ReferencesEdit

  1. i4i Ltd. Partnership v. Microsoft Corp., 598 F.3d 831, 851 (Fed. Cir. 2010), aff'd, 131 S.Ct. 2238 (2011) (full-text).
  2. Id.

Also on Fandom

Random Wiki