Re:Chinese government reveals Microsoft’s secret list of And...
by makomk on Tuesday June 17, 2014 @04:54AM
(#7903405)
> A claim is just a list of "AND" conditions, i.e. all the conditions must be met for the claim to be asserted. To defeat a patent claim, it's a matter of adding enough variance in your code to defeat ONE of the conditions.
That's not true. Thanks to the doctrine of equivalents you can still infringe on a patent even if your invention differs from what the claim describes. (Now, if you want your invention to count as prior art, it does have to exactly match the claim - whether two inventions are considered the same for prior art purposes is different from whether they're considered the same for infringement purposes.)
That's not true. Thanks to the doctrine of equivalents you can still infringe on a patent even if your invention differs from what the claim describes. (Now, if you want your invention to count as prior art, it does have to exactly match the claim - whether two inventions are considered the same for prior art purposes is different from whether they're considered the same for infringement purposes.)