13:24
off
Warning
Info
Warning
Info
LSDefine
Simple English definitions for legal terms
all-elements rule
Read a random definition: balloon-payment mortgage
A quick definition of all-elements rule:
The all-elements rule is a principle in patent law that states that every part of a claim must be present in a device that is accused of infringing the patent in order for it to be considered a literal infringement. This rule is used to limit the application of the doctrine of equivalents and ensure that it only applies to individual elements of a claim rather than the entire claim. It is also known as the all-limitations rule and is different from the all-steps rule and inherency doctrine.
A more thorough explanation:
Definition: The all-elements rule is a doctrine in patent law that requires each element of a claim to be present in an allegedly infringing device in order to establish literal infringement. This rule limits the doctrine of equivalents and prevents its application to an entire claim, rather than the claim's individual elements.
For example, if a patent claim requires a device to have elements A, B, and C, an allegedly infringing device must have all three elements to be considered infringing under the all-elements rule. If the device only has elements A and B, it would not be considered infringing.
The all-elements rule is important in patent litigation because it helps to ensure that patent owners are only able to enforce their patents against devices that truly infringe on their claims, rather than devices that may have some similarities but do not meet all of the claim elements.