Substitution of components: The use of alternative technologies (e.g., replacing mechanical parts with electronic equivalents) could be considered equivalent to the Doctrine ofthat the search focus on function rather than structure. Hidden infringements: Some manufacturers may intentionally design around a patent, using equivalent technologies that are not immediately apparent in an infringement search. 5. How Does Product Lifecycle Affect Infringement Search Strategy? The stage of a product's lifecycle has a major impact on the type of infringement search required. Whether a product is in the conceptual, development or commercial stage affects how the search is conducted and the types of evidence that are relevant.
Stages and their Impact: Early stage: If the product is still in pitcairn island b2b leads development, breach searches can identify potential risks early. Search results may be more speculative but are crucial for proactive action. Market Entry: During commercialization, a more thorough infringement search is necessary, especially to detect product variants that are hitting the market. Aftermarket: If a product is already on the market, infringement searches should focus on the final, aftermarket version, which requires more detailed analyses of packaging, specifications, and features. 6. How Do You Do Element-by-Element Comparison During a Cross-reference Search? A fundamental part of conducting an infringement search is element-by-element comparison, in which each patent claim is compared to the accused product or process on a one-to-one basis.
Equivalences, which would require
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