Legal Definitions - identity

Definition: Identity refers to the identical nature of two or more things. In patent law, it means the sameness in two devices of the function performed, the way it is performed, and the result achieved.

Example: Under the doctrine of equivalents, infringement may be found even if the accused device is not identical to the claimed invention. For instance, if a company creates a product that performs the same function in the same way as a patented product, it may still be considered an infringement.

Explanation: The example illustrates how the doctrine of equivalents applies to identity in patent law. Even if the accused device is not identical to the patented invention, it may still be considered an infringement if it performs the same function in the same way and achieves the same result.