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Doctrine of equivalents

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Doctrine Of Equivalents A form of patent infringement that occurs when an invention performs substantially the same function in substantially the same manner and obtains the same result as a patented invention.

 


Doctrine of Equivalents: One literally infringes a claim where every element of the claim is expressly satisfied by a device, process, or composition of matter.

DOCTRINE OF EQUIVALENTS - Patent. 1. The accused product, process, apparatus, or composition: a. has substantially the same overall function, b. operates in substantially the same way, and c.

doctrine of equivalents
a judicially created theory for finding patent infringement when the accused process or product falls outside the literal scope of the patent claims.

infringer practices all of the requirements of at least one of the claims of the patent (noting that in many jurisdictions the protection may not be limited to what is literally stated in the claims, for example due to the "doctrine of equivalents").

See also: Patent, Law, Doctrine, Process, Person

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