Direct infringement requires that an accused product or method meet every limitation of an asserted claim, literally or under the doctrine of equivalents. Intent is not required for direct infringement.
Indirect infringement requires knowledge of the patent.
Alternative Names:
Infringement (Patent)|Patent Infringement Claim
Why it Matters?
Every claim limitation must be met, which means a single missing element defeats infringement regardless of how closely the accused product otherwise matches, and identifying that element is the most efficient non-infringement position. Claim construction determines what the limitations mean, which is why the Markman ruling frequently resolves the case. Invalidity and non-infringement are independent defenses and both should be developed.
Frequently Confused with
Related terms
Frequently asked questions
What defeats infringement most efficiently?
Is intent required?
