Does Cyber Insurance Cover Patent Infringement?

Usually not—cyber insurance focuses on covered cyber events, while patent infringement is an intellectual-property claim; seek explicit wording or check technology E&O coverage.

Usually not. Cyber insurance focuses on covered cyber events, while patent infringement is an intellectual-property claim; seek explicit wording or check technology E&O coverage. It is different from a hacker stealing data or causing a covered privacy incident. FTC guidance describes certain cyber third-party coverage for claims such as defamation and copyright or trademark infringement, but that list does not establish patent coverage. Chubb describes technology E&O and other combined products separately, showing that product scope can vary.

Check the cyber policy’s media-liability and intellectual-property exclusions, and look for an express patent-infringement grant or carve-back. Review whether any E&O policy covers infringement allegations arising from your product or service, and note defense-cost limits and claim-made reporting terms. Ask the insurer to identify the exact wording for patent claims rather than inferring coverage from a broad “media” or “cyber” label.

Which Providers Offer Cyber Insurance?

Updated . Check your quote and policy wording to see how this answer applies to your coverage. See the editorial policy or contact Spot with a correction and supporting source.

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