Basics of patent - Learning series - 4

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CLAIM INFRINGEMENT The term infringement means invasion of the boundary of the patentee. Types of infringement Literal infringement:- Means each and every element of claim can be literally found in accused devise or process. Infringement under DOE:- If there is no literal infringement, a claim can still be infringed under the doctrine of equivalence if the accused device or process performs substantially the same function, in substantially the same way, and achieve substantially the same result. However DOE is not limitless. Its scope is limited by statements made by the inventor during the time of prosecution of the patent to the patent office. These statements prevent a patent owner from recapturing the matter once surrendered. However it is very complex matter and there is no any thumb rule. Picture of DOE will be vary from case to case. INFRINGING ACTS Direct Infringement:- Any person who make, use, sell or import the patented item. Contributory Infringement:- Committed by knowingly selling or supplying an item for which the only use is in connection with patented invention. Indirect Infringement:- If a person actively encourage others to make, use, sell ( or import) the invention, the person so inducing is liable for indirect infringement.

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Author: Sanjay Patel

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