524. Colourable differences.

524.     Colourable differences.

It also follows from the test of infringement1 that infringement cannot be avoided by differences from what is claimed that are merely colourable, that is, by merely making the infringing manufacture appear to be different2. A difference or variant, although small, which results in something simpler than that patented3, or leads to a new or significantly improved result4, may very well be a material one. It depends on whether the skilled reader would not believe the patentee intended to exclude it from the claim and, if he would realise