Does Cyber Insurance Cover Patent Infringement?

A patent infringement allegation is a claim about intellectual-property rights. 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.