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.
The full text of this document is available to Executive subscribers and above. See plans.