A patented device contains a support bar that is included in an independent clai

Question

A patented device contains a support bar that is included in an independent claim of a utlity patent. The shape of the bar is not specified in the patent, but the drawings depict a straight bar. A copycat starts selling a nearly identical device to that described in the independent claim, except that the bar in the copycat's device is slightly curved. The copýcat does not infringe on the patent since the shape of the bar is different than the one included in the claim and described in the drawings. True or False? Explain.

Explanation / Answer

FALSE

Although the shape of the bar may be curved which is different from the drawing still this is a infringement because the shape of the bar has not been mentioned in the document and in the drawing the shape is straight but actual objects may vary from that in the drawing and hence this is an infringement of the patent by the copycat.

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