Using Method Claims to Protect a Device

Snell & Wilmer
Contact

I. Introduction.

Using method claims to protect a device is often overlooked because conventional thinking equates device protection with only device claims. A device can, however, be protected by method claims, because a device can indirectly infringe method claims by inducement of infringement or contributory infringement. This is true even for medical or surgical method claims, which are not enforceable against direct infringers such as hospitals or doctors. 35 U.S.C. § 287(c). In fact, method claims can potentially provide broader protection for a device because they may not require a detailed device structure.

II. Indirect Patent Infringement.

The following diagram outlines factors for the two most common types of indirect patent infringement, active inducement of infringement and contributory infringement.

Please see full Publication below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Snell & Wilmer | Attorney Advertising

Written by:

Snell & Wilmer
Contact
more
less

Snell & Wilmer on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.