Legal Definitions - literal infringement

Literal infringement is a type of infringement that occurs when every element and limitation of a patent claim is present exactly in the accused product or process. This means that the accused product or process is identical to what is described in the patent claim.

For example, if a patent claim describes a widget with a specific shape, size, and material, and someone creates a widget that matches that description exactly, they are committing literal infringement.

Literal infringement is different from nonliteral infringement, which occurs when an accused product or process does not match the exact language of the patent claim, but is still similar enough to be considered an infringement under the doctrine of equivalents.

It's important to note that literal infringement is just one type of infringement, and there are other types of infringement that can occur in intellectual property law, such as trademark infringement and copyright infringement.