claim infringing

[iassaf]

A claim says the following:

"a pair of folding frame units, each folding frame unit having a first end and a second end, the first end of each folding frame unit being pivotally connected adjacent the rear end of the upper portion and the opposite end of each folding frame unit being pivotally connected adjacent the rear end of the lower frame member,

each folding frame unit having a pivot point such that the folding frame unit is foldable from an extended position to a collapsed position allowing the upper frame member to rotate towards the lower frame member and thereby fold the trailer into a compact position;"

I am replacing the pivot point with a resilient member (torsion spring) that allows the folding frame unit to fold the same way. Would my resilient member be considered a pivot point and infringe on the claim.

I studied the patent and file history. There is nothing to expand the definition of the pivot point.

Thank You,

 

[divgradcurl]

Would my resilient member be considered a pivot point and infringe on the claim.

I studied the patent and file history. There is nothing to expand the definition of the pivot point.

Have you read up on the doctrine of equivalents? This is a particularly complicated part of patent law, but basically what it says is that in certain cases, under certain facts, that a patent covers not only what it says it covers, but also its equivalents.

Whether or not a "torsion spring" is legally equivalent to a "pivot point" will depend (in part) on a careful reading of the teachings in the specification, whether or not the term "pivot point" was amended, narrowed or clarified during the prosecution of the patent, and whether or not a "torsion spring" was generally known to be an equivalent of a "pivot point" by one of ordinary skill in the art at the time of the filing of the patent.

Again, your best bet is to sit down with a local patent attorney, who can review the patent and prosecution history in light of current caselaw and advise you accordingly.