If device Number 2 is equivalent overall to patented device Number 1, device Number 2 will infringe the patented device even if every element of a claim in the patented item (or its equivalent) is not present in device Number 2.

Question

Quizplus · Accepted Answer

For a device to infringe on a patent, it must contain each and every element of at least one claim of the patent or an equivalent to each element. If an element or its equivalent is missing, then the device does not infringe based on that claim.

If Device Number 2 Is Equivalent Overall to Patented Device