MPEP § 904.01(b) — Equivalents (Annotated Rules)
This page consolidates and annotates all enforceable requirements under MPEP § 904.01(b), including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Equivalents
This section addresses Equivalents. Primary authority: 35 U.S.C. 2184.
Key Rules
Exceptions & Carve-Outs (1)
All subject matter that is the equivalent of the subject matter as defined in the claim, even though different from the definition in the claim, must be considered unless expressly excluded by the claimed subject matter. See MPEP § 2181 – § 2184 for a discussion of equivalents when a claim employs means or step plus function terminology.
Citations
| Primary topic | Citation |
|---|---|
| – | 35 U.S.C. § 2184 |
| – | MPEP § 2181 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 904.01(b) — Equivalents
Source: USPTO904.01(b) Equivalents [R-08.2012]
All subject matter that is the equivalent of the subject matter as defined in the claim, even though different from the definition in the claim, must be considered unless expressly excluded by the claimed subject matter. See MPEP § 2181 – § 2184 for a discussion of equivalents when a claim employs means or step plus function terminology.