All-Elements-Rule

Infringement rule in patent law present in all jurisdictions that requires that for a product or process to be found infringing all the elements or limitations of the claim alleged to be infringed must be shown to be present or met in the accused product – or under the doctrine of equivalents at least the equivalent of that element. In other words if an accused infringer shows that one claim element is not met, then there is no infringement.  Where there is clear evidence that an element of infringement is not present pre-trial, the defendant will often file a motion to dismiss or for summary judgment.