Infringement of a Patent

A patent may be infringed where the essential or substantial features of the patented invention are taken or appropriated, or the device, machine or other subject matter alleged to infringe is substantially identical with the patented invention.  In order to infringe a patent, a machine or device must perform the same function, or accomplish the same result by identical or substantially identical means and the principle or mode of operation must be substantially the same.  (Del Rosario v. Court of Appeals et al, 255 SCRA 152,1996 citing Jarencio, Hilarion U., Torts and Dames in Philippine Law, 1977 ed., pp. 453-454 citing CJS.,  pp. 851-860.)

As held in the case of Creser Precision Systems, Inc. v. Court of Appeals et al., 286 SCRA 13 [1998], only the patentee or his successors in interest may file an action for infringement.    The phrase “anyone possessing any right, title or interest in and to the patented invention” upon which petitioner maintains its present suit, refers only to the patentee’s successors in interest, assignees or grantees since actions for infringement of patent may be brought in the name of the person or persons interested, whether as patentee, assignees or grantees of the exclusive right.  [Citing Moore v. Marsh, 7 Wall 5125, 19 L. Ed. 37e.]   Moreover, there can be no infringement of a patent until a patent has been issued, since whatever right one has to the invention covered by the patent arises along from the grant of the patent. [Citing Anchor Hocking Glass Corp. v. White Cap. Co., D.C. Del., 47 F. Supp. A 451.

Under patent infringement, there are two primary tests to determine infringement. These are:

a)  Literal infringement – resort must be had, in the first instance to the words of the claim.  If the accused matter clearly falls within the claim, infringement is made out and that is the end of it.  In this regard, the court must juxtapose the claims of the patent and the accused product within the overall context of the claims and specifications, to determine whether there is exact identity of all materials elements

b)  Doctrine of equivalents – it provides that an infringement also takes place when a device appropriates a prior invention by incorporating its innovative concept and, although with some modification and change, performs substantially the same function in substantially the same way to achieve substantially the same result.