What is the Scope of a Patent?


If you’re concerned that someone in Florida or elsewhere is infringing on your patent, you need legal advice right away. A patent provides you with important and exclusive rights to an invention. Your part in the process is to describe how the object or product is made and how it can be used. When the patent rights eventually run out, this allows everyone to take advantage of the invention.

At the end of a patent document, there is a section that provides a clear definition of what the patent actually protects. Every element of the patent claims section must be present in order for the case to qualify as patent infringement. If there are improvements to the design that was patented, or when not all elements are present in a new claim, your case may not qualify as patent infringement. If there is one new feature that distinguishes the old design from the new, you may not have a patent infringement case.

There is a loophole to this, though, and that’s known as infringement through equivalence. If you are concerned that not all of the features of a new product or invention line up with your patent claim, if you can show that the new measures are “equivalent” with the measures in the claim, you may have grounds to pursue a case in that direction. This is a national legal issue, so the scope of equivalence can vary from country to country.

In the U.S., there’s one more important distinction known as the “Festo” decision. As a result of this case, a patent claim element can’t be infringed through an equivalent measure if the element was created and amended for the purpose of patentability. To learn more, contact a local patent infringement attorney for an in-person consultation. In Florida, whether on the east or west coast, Faro & Associates, provides such in-person without an initial consultation fee.