LITERAL INFRINGEMENT
- When the claim language literally reads on the accused device or process.
- All elements of the claim must be (identically) present in the accused device.
- Additional elements in the accused device are (generally) not relevant to infringement.
LIMITATIONS: 'LESS IS MORE'
- The scope of a patent is determined by its claims.
- The goal of the practitioner is to secure the broadest possible claims coverage. This is accomplished by drafting patent claims with the fewest possible limitations.
- Each limitation in a patent claim is a potential avenue to claim circumvention. The greater the number of limitations in a patent claim, the greater the probability that the subject invention can be substantially copied or imitated, while one claim limitation is omitted.
- If each and every limitation of a claim is found in an accused device or process, the claim is said to read on that device or process and is infringed thereby.
- If a single limitation is missing from the accused structure, there is no infringement (this requirement is known as the all elements rule).
- However, the presence of additional features in the accused structure does not negate infringement.