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Test of Patent Infringement – Literal Infringement Test v. Doctrine of Equivalents Test | 16 December 2024

Test of Patent Infringement – Literal Infringement Test v. Doctrine of Equivalents Test | 16 December 2024

Patent infringement is a complex and often contentious area of intellectual property law. At its core, it involves the unauthorized use, production, or sale of a patented invention, which can have significant legal and economic consequences.

Alburo Law
December 16, 2024

Test of Patent Infringement – Literal Infringement Test v. Doctrine of Equivalents Test

The Literal Infringement Test and the Doctrine of Equivalents are fundamental in the adjudication of patent infringement cases. The Literal Infringement Test offers a precise measure of infringement based on the exact language of patent claims, whereas the Doctrine of Equivalents provides a broader protection against insubstantial changes. Together, these tests balance the need for clear boundaries in patent protection with the need to prevent infringement by trivial modifications. Understanding both tests is crucial for navigating the complexities of patent law and ensuring fair protection for patent holders while fostering innovation.

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