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The all-elements rule is a principle in patent law stating that to prove literal infringement, every element of a patent claim must be present in the accused device. This rule serves to limit the application of the doctrine of equivalents, which allows for some flexibility in determining infringement. If the all-elements rule is applied too broadly, it can undermine the doctrine of equivalents, leading to a strict focus on literal infringement rather than considering the overall intent of the patent claim.
Table of content
Legal Use & context
The all-elements rule is primarily used in patent litigation to assess whether an accused product or process infringes on a patent. It is relevant in cases involving intellectual property rights, particularly in technology and manufacturing sectors. Users may encounter this term while navigating patent applications or defending against infringement claims. Legal templates from US Legal Forms can assist users in preparing relevant documents and understanding their rights in such cases.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
For instance, if a patent claim describes a specific type of gear in a machine, the accused machine must include that exact gear or a functionally equivalent gear to establish infringement. If it uses a completely different mechanism, it may not be found to infringe under the all-elements rule.
Relevant laws & statutes
Key case law includes:
TIP Sys., LLC v. Phillips & Brooks/Gladwin, Inc., 529 F.3d 1364 (Fed. Cir. 2008) - This case discusses the necessity of each claim limitation being present in the accused device.
E-Pass Techs., Inc. v. 3Com Corp., 473 F.3d 1213 (Fed. Cir. 2007) - This case emphasizes applying the doctrine of equivalents to individual elements of a claim.
Comparison with related terms
Term
Description
Doctrine of Equivalents
A legal rule allowing a patent holder to claim infringement even if the accused device does not literally meet the claim limitations, as long as it performs substantially the same function in substantially the same way.
Literal Infringement
Occurs when an accused device contains each and every limitation of a patent claim exactly as stated.
Common misunderstandings
What to do if this term applies to you
If you believe you are facing a patent infringement issue, consider the following steps:
Review the patent claims carefully to understand their elements.
Examine the accused device to determine if it contains each element literally or equivalently.
Consult with a legal professional for tailored advice.
Explore US Legal Forms for templates related to patent applications and infringement defenses.
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