What is the significance of the ‘result’ in the function-way-result test for equivalence?
The ‘result’ component of the function-way-result test is crucial in establishing equivalence between a claimed invention and a prior art element. According to MPEP 2183:
“The examiner must explain… how [the prior art element] achieves substantially the same result as the claimed invention.”
The significance of the ‘result’ prong lies in:
- Demonstrating that the outcome or effect of the prior art element is substantially similar to that of the claimed invention
- Showing that despite potential differences in function or way, the end result serves the same purpose
- Helping to establish that any differences between the prior art and the claimed invention are insubstantial
It’s important to note that the results need not be identical, but they should be substantially the same in the context of the invention’s purpose and the problem it aims to solve.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2183 - Making A Prima Facie Case Of Equivalence,
Patent Law,
Patent Procedure