INFRINGEMENT TEST

infringement test.Patents. A means of determining whether a patent claim is dependent by asking whether the claim would always be infringed if the independent claim on which it rests were infringed. • Since a dependent claim must incorporate all the elements of the independent claim, an infringement of the independent claim must also be an infringement of the dependent claim. [Cases: Patents 165(5). C.J.S. Patents §§ 283, 287, 290, 293.]

[Blacks Law 8th]