patent claims and infringement

[miller23]

What is the name of your state? TX

If the patent claim for an article includes 3 seperate elements in the first claim (eg. a colored drinking glass, with an attached handle, incorporating a light source into the handle), would if be infringement if one was to sale an article that contains only two of the elements in a different configuration (eg. a colored drinking glass, without a handle, with the light source residing inside the cup)?

 

[divgradcurl]

You would not have direct infringement unless you are infringing on every part the claims. However, there could still be indirect infringement, such as under the doctrine of equivalents.

 

[miller23]

I greatly appreciate your response to my question.

I will look further into understanding the "doctrine of equivalents".

 

[Yuke]

Some say the doctrine of equivalents (DOE) has eroded to such a degree by the courts that you must now literally infringe a patent claim. This matter is something that you should consult a patent attorney about. He/she can read through the patent, and review the design you intend to sell. The attorney would attempt to evaluate whether the article you intend to sell performs the same function in a manner uncontemplated in the patent, and/or performs a function uncontemplated in the patent.