Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
The interpretation of “equivalents” in means-plus-function claims can vary depending on how the element is described in the supporting specification. According to MPEP 2184:
“Generally, an ‘equivalent’ is interpreted as embracing more than the specific elements described in the specification for performing the specified function, but less than any element that performs the function specified in the claim.”
The scope of equivalents can range from broad to narrow:
- If the disclosure is broad, it may encompass any structure, material, or act that performs the claimed function.
- If the specification describes the invention only in the context of a specific structure, material, or act, the scope of equivalents may be constricted to virtually only the disclosed embodiments.
To learn more:
Topics:
MPEP 2100 – Patentability,
MPEP 2184 – Determining Whether An Applicant Has Met The Burden Of Proving Nonequivalence After A Prima Facie Case Is Made,
Patent Law,
Patent Procedure