Legal Definitions - read on

In patent law, the term "read on" describes a situation where a new product, device, or process contains features that are substantially identical to those described in an existing patent. When a product "reads on" a patent, it means that its design, components, and function align closely with what the patent claims as its invention. This concept is crucial for determining whether a patent has been infringed, as a court must first establish that the accused product "reads on" the patent's claims.

Essentially, for a device to "read on" a patent, it must:

• Employ structures, materials, or acts that are identical or equivalent to those described in the patent's detailed specification.
• Perform the identical function as the invention described in the patent.

Here are some examples to illustrate this concept:

• Example 1: Ergonomic Keyboard Design

  Imagine a patent exists for an ergonomic computer keyboard featuring a specific split-key design, an integrated wrist rest with a particular gel composition, and a unique concave keycap shape designed to reduce finger strain. A new keyboard is introduced to the market by a different company. If this new keyboard also incorporates a nearly identical split-key layout, an integrated wrist rest made with a gel of the same composition, and keycaps with the same concave shape, then the new keyboard would be said to "read on" the existing patent. Its structural features and their intended ergonomic function substantially match the patented invention.

• Example 2: Online Data Encryption Method

  Consider a patent granted for a specific method of encrypting data transmitted over a network, which involves a unique three-step algorithm: first, scrambling the data using a prime number sequence; second, compressing the scrambled data; and third, applying a rotating decryption key based on the time of transmission. A new software application is developed that also encrypts data for network transmission. If this new application uses an encryption process that similarly involves scrambling data with a prime number sequence, followed by compression, and then applies a rotating decryption key tied to the transmission time, its method would "read on" the existing patent. The steps and their functional outcome for data security are substantially the same as described in the patent.

• Example 3: Self-Cleaning Oven Mechanism

  Suppose a patent describes a self-cleaning oven that utilizes a specific catalytic liner material which, when heated to a precise temperature range, breaks down food residue into ash, combined with a unique ventilation system that captures and filters the resulting fumes. A competitor releases a new oven with a self-cleaning feature. If this new oven also incorporates a catalytic liner made of the same material, operates within the patented temperature range for cleaning, and includes a ventilation system that functions identically to capture and filter fumes, then the competitor's oven would "read on" the existing patent. The core components and their self-cleaning function align with the patented invention.