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Commentary

11 Claim interpretation—whether infringing product or process falls within the scope of the patent claim

INTELLECTUAL PROPERTY vol 21(1) patents and technology transfer

11 Claim interpretation—whether infringing product or process falls within the scope of the patent claim

| Commentary

D: PATENT INFRINGEMENT

The first stage of determining whether there is an infringement is determining the scope of the claims. When doing this, the first issue is whether the alleged infringing product (or process) infringes the claims as a matter

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