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A product-by-process claim is a claim directed to a product where the product is defined by its process of preparation, especially in the chemical and pharmaceutical industries. [33] They may read for instance "Product obtained by the process of claim X," "Product made by the steps of . . .," and the like.
Abbott v. Sandoz, 566 F.3d 1282 (Fed. Cir. 2009), [1] was a US patent law case argued before the United States Court of Appeals for the Federal Circuit that established a bright-line ruling regarding claims of patent infringement relating to disagreements over so-called “product-by-process” claims.
A method patent claim can be infringed only when a single person or entity (including contractually obligated agents) practices all of the claimed steps. [5] Neither a physical device, such as a product that can be used to practice the method, nor instructions for practicing the method, are infringing until they are used by a single person to ...
Claims can also be classified in categories, i.e. in terms of what they claim. A claim can refer to a physical entity, i.e. a product (or material) or an apparatus (or device, system, article, ...). The claim is then called respectively "product claim" or "apparatus claim"; or; an activity, i.e. a process (or method) or a use.
The defense of non-infringement is that at least one element of an asserted claim is not present in the accused product (or in the case of a method claim, that at least one step has not been performed). The defense of invalidity is a counter-attack on the patent itself., i.e., the validity of the patent or of the allegedly infringed claims.
A claim chart is a widely used device in patent ... An infringement chart that allegedly shows how the product or process accused of infringement contains ...
The cases concern the patentability of biological products through the description of the procedure for achieving that product (a product-by-process claim). The Enlarged Board of Appeal ruled that such products were patentable and not in conflict with Article 53(b) EPC, which does not allow patents for "essentially biological" processes.
Patent infringement is an unauthorized act of - for example - making, using, offering for sale, selling, or importing for these purposes a patented product. Where the subject-matter of the patent is a process, infringement involves the act of using, offering for sale, selling or importing for these purposes at least the product obtained by the patented process. [1]