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Simple English definitions for legal terms
literal infringement
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A quick definition of literal infringement:
Literal infringement is when someone copies or uses something that belongs to someone else without their permission in a way that is exactly the same as what the owner has the right to. This can happen with things like patents, copyrights, and trademarks. It's like taking someone's toy without asking and playing with it in the exact same way they do. It's not okay to do this and can get you in trouble.A more thorough explanation:
Literal infringement is a type of infringement that occurs when every element and limitation of a patent claim is present exactly in the accused product or process. This means that the accused product or process is identical to what is described in the patent claim.
For example, if a patent claim describes a widget with a specific shape, size, and material, and someone creates a widget that matches that description exactly, they are committing literal infringement.
Literal infringement is different from nonliteral infringement, which occurs when an accused product or process does not match the exact language of the patent claim, but is still similar enough to be considered an infringement under the doctrine of equivalents.
It's important to note that literal infringement is just one type of infringement, and there are other types of infringement that can occur in intellectual property law, such as trademark infringement and copyright infringement.