Question

Any invention that uses the majority of an already-patented invention’s parts and steps will always be an infringement, regardless of whether it does the same thing as the patented invention True or False?

Answer 1

No, it depends on how much of the parts are included in the plausible infringement.

If the accused invention has all elements of the claims of the patent, it falls under infringement. If some of the claims' elements are missing in the accused invention, the infringement is not recognized.

Example Let's suppose that your patented product is "A," and your competitor's product is "B," and "a," "b," "c," and "d" indicate the elements of a patented claim.

Case 1:

Product "A" has features covered by a claim having elements "a + b + c + d." Product "B" has features covered by elements "a + b + c." In the above case, product "B" does not infringe "A" because "B" does not include element "d" of the claim of the patent covering product "A"

Case 2:

Product "A" has features covered by a claim having elements "a + b + c + d." Product “B” has features covered by elements “a + b + c + d + e. In this case, product "B" would infringe patent covering product "A", because "B" has features that are covered by all the elements of the patent protecting product "A," even though it has an additional element "e".

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