Article · Intellectual Property

What Counts as Patent Infringement: An Anatomy of the Section 271 Analysis

Type
Article
Jurisdiction
National
Date
2025-01-22
Topic
Intellectual Property

Patent infringement looks forbidding but reduces to one disciplined question: does the accused product or process contain every element of at least one patent claim, either exactly or through an insubstantial substitute? This article dissects that question under 35 U.S.C. § 271, moving through direct, induced, contributory, and divided infringement; the two-step engine of claim construction and comparison; literal infringement and the doctrine of equivalents with its Festo and vitiation guardrails; and the willfulness inquiry that can triple an award under Halo. It maps the often-forgotten corners of the statute at subsections (e), (f), and (g), the full defensive arsenal from non-infringement through invalidity, inequitable conduct, exhaustion, and estoppel, and the remedies a prevailing patentee can win. A running hypothetical about a connected-fitness startup carries the doctrine from abstraction into something a founder, a general counsel, or a judge can picture. Throughout, the analysis links to deeper UpLaw resources on prosecution, freedom-to-operate clearance, litigation, and damages.

What Counts as Patent Infringement: An Anatomy of the Section 271 Analysis

Intellectual Property > Patent | Published 22 January 2025 - Updated 6 March 2025 | UpLaw - uplaw.us

Infringement is not a vibe or a resemblance. It is a structured comparison between a numbered list of claim elements and a real-world product, and either every element is accounted for or the case is over. This is the anatomy of that comparison under 35 U.S.C. § 271.

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