How does infringement analysis differ for product-by-process claims?
Infringement analysis for product-by-process claims differs from that of conventional product claims. According to MPEP 2113: “[I]n the context of an infringement analysis, a product-by-process claim is only infringed by a product made by the process recited in the claim.” This means that while a prior art product made by a different process can anticipate…
Read MoreHow do dependent claims affect claim interpretation and infringement analysis?
How do dependent claims affect claim interpretation and infringement analysis? Dependent claims play a crucial role in claim interpretation and infringement analysis: They narrow the scope of the independent claim they depend on by adding additional limitations. Infringement of a dependent claim automatically implies infringement of its parent claim(s). They can provide fallback positions if…
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