Play video

Direct Infringement

Learn about the second step in the direct patent-infringement inquiry: determining if the accused product or process infringes the construed claims literally or under the doctrine of equivalents.


After claim construction, the second step in the infringement analysis is determining whether the accused infringer’s conduct falls within the scope of at least one construed claim. This second step is a question of fact and may be determined by a jury.

To infringe, the accused infringer must be making[35 U.S.C. § 271(a)], using, selling, or offering to sell something that has all claimed elements. Patent practitioners call this principle the all-elements rule.

An accused infringer’s...