What are the physical minimums required to avoid infringement of an existing patent? 7 Answers as of February 08, 2012

Infringement of a patent is determined on the basis of the patent claims of the issued patent. The patent claims have a "literal" scope, but other factors can affect the scope, including any "equivalents" of a claim term that can broaden the scope beyond the literal wording of the claims, and any limitations in the claim scope based upon arguments and claim amendments that the inventor made during the patent's examination. You really must consult with a patent attorney to assist your understanding and to provide you with expert advice.

There are no "physical minimums" required to avoid infringement of an existing patent. Infringement of patent claims is determined by whether the accused product falls within the scope of the patent claims. Determining the existence of patent infringement can be an extremely complex matter. It would be a rare circumstance where a layperson would be qualified, even with online instruction, to determine whether an accused device actually infringes a patent.

The name of the game is in the claim Judge Giles S. Rich. Well, if you want to avoid patent infringement you have to avoid two things. First, the claim language. If a patent states. We claim... XYZ "comprising": A, B and C elements. You will infringe A, B and C, even if you include a D element, and if you do not use a B element you will be infringing on A and C. You have to compare the claims to your technology, claim by claim. Second, the doctrine of equivalents. This is when the equivalent element performs substantially the same function in substantially the same way and produces substantially the same result. The function-way-result test. If the claim states "comprising," and if the function (purpose) is to open a box using element tool A, and if your technology uses element B, but causes the box to open (the result) in a similar way. Then you are infringing under the doctrine of equivalents. This is avery complicated matter and I suggest you seek legal advice from a licensed patent attorney.

This question is unclear. Patent infringement is determined by comparing the claims of the patent to the product, process or method at issue. Each patent claim consists of several claim elements. Each element must be infringed either literally or under the doctrine of equivalents-otherwise there is no infringement. Even if a product does not literally infringe, it may be deemed to infringe under the doctrine of equivalents, which is designed to avoid allowing someone to make minor, insubstantial changes to a product to avoid infringement. If someone attempts to design around a patent by making minor, insubstantial changes, this will not avoid infringement.

This question is best answered in a discussion with a patent attorney. Generally, however, to avoid infringement you want to be outside of the claims of a device, so it does not necessarily matter what it looks like to design around, you need to know what the patent is claiming so as to be outside of the protected claims. You also want to be aware of other protections the device may have such as a design patent, trademark, copyright, and any local common law rights that may exist.

There are no "Physical" requirements. You need to read the Claims of the patent to determine infringement. As an example, claims for a pencil may say "an elongated writing instrument". this example a one-mile long pen would infringe, as well as a one-inch long piece of chalk. There are also two types of infringement. Literal, which is the same and Equivalent, basically does it do the same thing. An example of equivalence is a laser printer and an ink jet printer, the technology to place a mark on a page is different, but the end result is equivalent. Look and the claims of the patent and not the drawings. Let me know if you have any questions in regard to this issue.

Infringement is determined by the "claims" appearing at the end of the patent. They determine whether materials used, appearance, features, and measures lead to infringement. Therefore, one cannot answer your question without knowing what the patent says.