Module 17 2024

Direct Infringement

• To infringe an apparatus claim, the accused device must (generally) include each and every recited element of the apparatus claim

• To infringe a method claim, the accused procedure must (generally) include each and every recited step of the method claim

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Indirect Infringement

• Other types of infringement are possible, but generally are harder to show: – A device that incorporates only some (but not all) of the elements of an apparatus claim, where the device has no non-infringing uses

• Contributory infringement (U.S.)

– Selling a non-infringing compound with instructions to buyers to use in a way that infringes, e.g., a method of treatment claim

• Inducement infringement (U.S.)

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