What is the function-way-result test in the doctrine of equivalents?
The function-way-result test is a key aspect of determining equivalence under the doctrine of equivalents. MPEP 2186 references this test as follows: “[A]n analysis of the role played by each element in the context of the specific patent claim will thus inform the inquiry as to whether a substitute element matches the function, way, and…
Read MoreWhat is the doctrine of equivalents in patent law?
The doctrine of equivalents is a legal principle that arises in the context of patent infringement actions. As stated in MPEP 2186: “If an accused product or process does not literally infringe a patented invention, the accused product or process may be found to infringe under the doctrine of equivalents.” This doctrine allows for a…
Read MoreHow does the doctrine of equivalents affect patent examination?
While the doctrine of equivalents is primarily relevant to infringement actions, it can have implications for patent examination. MPEP 2186 provides guidance on this matter: “Accordingly, decisions involving the doctrine of equivalents should be considered, but should not unduly influence a determination under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, during ex…
Read MoreHow is the doctrine of equivalents applied in patent infringement cases?
The application of the doctrine of equivalents in patent infringement cases involves a specific inquiry. According to MPEP 2186, the essential objective inquiry is: “Does the accused product or process contain elements identical or equivalent to each claimed element of the patented invention?” This inquiry, established in Warner-Jenkinson Co. v. Hilton Davis Chemical Co., focuses…
Read MoreHow does 35 U.S.C. 112(f) relate to the doctrine of equivalents?
35 U.S.C. 112(f) (formerly 35 U.S.C. 112, sixth paragraph) has a specific relationship to the doctrine of equivalents. MPEP 2186 explains: “35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, permit means- (or step-) plus-function limitations in claims to combinations, ‘with the proviso that application of the broad literal language of such claims must…
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