**4.1 What constitutes a patent infringement?**

Assume Product B looks and operates like Product A, wherein Product A uses a patented invention. This does not necessarily determine that Product B is infringing the patent used in Product A. It is entirely possible that the second product uses a totally different technology to accomplish the same thing as the first product.

So, if the product or service uses all of the elements of at least one independent claim in the patent, then that constitutes an infringement.
