The Ultimate Patent Guide
Your Patent Playbook & Answers to 100+ FAQs The Ultimate
Patent Guide
Your Patent Playbook & Answers to 100+ FAQs

Can patent infringement occur if the infringing product is not identical to the patented invention?

Absolutely, patent infringement can occur even if the infringing product is not identical to the patented invention. This concept is often misunderstood, leading inventors and businesses to believe they can easily circumvent patent protection by making minor changes to a product. However, patent infringement is determined by the claims of the patent, not by the physical appearance or exact components of the infringing product. There few ways why a product can infringe even if not identical.
Doctrine of Equivalents: This legal principle protects inventions from minor variations that do not change the core function or essence of the invention. Even if a product uses different components or has a slightly different design, it can still infringe if it achieves the same result in substantially the same way as the patented invention.
Non-literal infringement: This occurs when a product does not literally include every element of the patent claims but still captures the essential elements and functions in a way that is equivalent to the patented invention. In simpler terms, even if the product does not look identical, it might infringe if it performs the same function using equivalent means.
It is important to remember that patents are granted for inventions, not just specific products. The claims define the technical scope of the invention, outlining the essential elements and functionalities protected by the patent. Therefore, even minor changes to a product can still infringe if they encompass the core elements of the patented invention as defined in the claims.

In conclusion, while physical differences might exist, a product can still infringe a patent if it captures the essential elements and functions outlined in the claims through equivalent means. This highlights the importance of consulting a patent attorney or an expert patent firm to assess potential infringement risks and ensure your product or process avoids infringing on existing patents. They can help you understand the specific details of your case and the scope of protection offered by the relevant patent.

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