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let's suppose that a patent claims

a machine that:

 1. receives an input A from a first user;
 2. receives an input B from a second user; and
 3. executes Y on a condition that A is less than or equal to B.

If a competitor invented

a machine that:

 1. receives an input A from a first user;
 2. receives an input B from a second user; and
 3. executes Y on a condition that A is equal to B.

I assume that "a condition" is the same as "one or more conditions". In order words, The first claim does include:

a machine that:

 1. receives an input A from a first user;
 2. receives an input B from a second user; and
 3. executes Y
    1. on a condition that A is less than or equal to B; and
    2. on a condition that A is equal to B.

Even though the competitor's step 3 does not literally contain the same condition as the patent claim, it can be interpreted to be identical as the patented claim allows for additional conditions, which in turn makes the machines equivalent if it includes the competitor's more narrow condition?

So does the competitor's invention infringe upon the claim?

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  • Does the competitors claim predate or postdate the first mentioned claim?
    – Eric S
    Commented Sep 11 at 19:19
  • it postdate's the first claim. In other words, it's trying to infringe. Commented Sep 11 at 20:41
  • Claims don't infringe, products do.
    – Eric S
    Commented Sep 11 at 23:52
  • so I meant a product that is implemented along the lines of the second example. Commented Sep 11 at 23:58

1 Answer 1

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If a competitor markets a product that includes every step in a claim then it infringes. It does not matter if there are other additions. The two examples you cite would seem to infringe on the claim, but since it is a fictional claim it is hard to know for sure since the claim doesn't clearly state what A, B and Y are.

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  • So you are saying that the statement executes Y on a condition that A is less than or equal to B. does cover the possibility of other conditions. In other words, "a condition that" can include the possibility of more than one? Commented Sep 12 at 0:05
  • I mean "A is equal to B" is covered by "A is less than or equal to B". Your claim has three steps. If the product implements all three then it infringes. It doesn't matter if it adds a fourth step.
    – Eric S
    Commented Sep 12 at 3:18

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