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Was she a natural ginger or a fake ginger? You can’t always tell
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LSDefine
Simple English definitions for legal terms
nonliteral infringement
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A quick definition of nonliteral infringement:
Nonliteral infringement is a legal theory used in patent cases to find infringement when the accused product or process is not exactly the same as the patented invention. This doctrine was created to prevent parties from avoiding liability for patent infringement by making small changes to the product or process. To determine if infringement exists, the court must first determine if the accused product or process contains an element identical or equivalent to each claimed element of the patented invention. If it does, it infringes on the patent if the differing element performs substantially the same function in substantially the same way to get the same result as the patented product or process.A more thorough explanation:
Nonliteral infringement is a legal theory used in patent law to find infringement when the accused product or process falls outside the literal scope of the patent claims. This theory was created to prevent parties from avoiding liability for patent infringement by making trivial changes to the product or process to avoid the literal language of the patent claims.
For example, if a patent claims a device with a specific element, and another company creates a device without that exact element but with an equivalent element that performs the same function in the same way to achieve the same result, it may still be considered infringement under the doctrine of equivalents.
The doctrine of equivalents is not an absolute bar to a patentee who seeks to invoke it to prove infringement on a claim that was voluntarily amended. However, prosecution-history estoppel may limit the scope of the doctrine.
Overall, nonliteral infringement is a way to protect patent holders from infringers who try to make minor changes to avoid liability.