Legal Definitions - identity

In legal contexts, the term identity generally refers to the exact sameness or authenticity of a person or thing, though its specific application can vary.

• 1. In Patent Law: When discussing inventions, "identity" refers to the exact sameness between two devices or processes in terms of their core characteristics: the function they perform, the way they perform it, and the result they achieve. If these three aspects are identical, the devices share an identity.

  • Example A: A company holds a patent for a specific type of automated pet feeder that dispenses food at programmed times using a rotating carousel mechanism. Another company develops a pet feeder that also dispenses food at programmed times using an identical rotating carousel mechanism, achieving the same result of feeding the pet. For the purpose of patent analysis, the second device might be considered to have an "identity" with the patented invention because it performs the same function, in the same way, to achieve the same result.

    Explanation: This example illustrates "identity" in patent law by showing how two devices could be considered identical if they share the exact same purpose (feeding pets), method of operation (rotating carousel), and outcome (dispensing food).

• 2. In Evidence: In the context of evidence, "identity" refers to the authenticity or verification of a person or an object. It means confirming that a person is who they claim or are alleged to be, or that an object is genuinely what it is presented as.

  • Example B: During a trial for a bank robbery, a witness testifies that they saw the defendant fleeing the scene. The prosecution must establish the "identity" of the defendant, meaning they must prove beyond a reasonable doubt that the person sitting in court is authentically the same individual the witness observed at the bank.

    Explanation: Here, "identity" refers to confirming that the individual accused is genuinely the person involved in the alleged event, often through witness testimony, fingerprints, or other identifying evidence.

  • Example C: In a product liability case, a plaintiff claims that a specific component in their vehicle failed, leading to an accident. To support their claim, they present the allegedly faulty component as evidence. The defense might challenge the "identity" of the component, arguing that it is not authentically the original part from the plaintiff's vehicle, or that its condition has been altered since the incident.

    Explanation: This example demonstrates "identity" as the authenticity of a physical object. The court needs to be certain that the item presented as evidence is genuinely the one relevant to the case and has not been swapped or tampered with.