| In order to see if there is patent infringement you | | | | the doctrine of equivalents. Consult with an |
| just need to look at the laundry list called the | | | | experienced patent attorney for more details). |
| claims of the patent. Compare what is on that | | | | You will find the claims in the back of the patent. |
| list with the other product or service and you can | | | | If you are having a hard time tracking it down, |
| tell if there is patent infringement. You should | | | | simply go to Google patents and download the |
| think of it as a high school history exam. Only in | | | | pdf. Or alternatively, you can just go to the |
| this exam you have to get every answer right. | | | | USPTO website. You should know that all you |
| Miss one answer and you fail. So if you look | | | | have to do is look at the independent claims such |
| through the independent claims and if every single | | | | as the first claim and every other claim that |
| element or limitation in the claims is in the other | | | | doesn’t start off with the word |
| product or service, then there is patent | | | | “the”. You should also know that you |
| infringement. If it is missing even one part or | | | | can’t get around patent infringement by |
| limitation, it might fail the test of patent | | | | simply adding stuff to a product or service. You |
| infringement. (There are two exceptions: | | | | can only get around a patent by taking stuff out. |
| contributory or indirect patent infringement and | | | | |