What is a prima facie case of equivalence in patent examination?
A prima facie case of equivalence is established when an examiner finds that a prior art element: (A) performs the function specified in the claim, (B) is not excluded by any explicit definition provided in the specification for an equivalent, and (C) is an equivalent of the means- (or step-) plus-function limitation. The examiner should…
Read MoreWhat is the relationship between functional language and 35 U.S.C. 112(f)?
The relationship between functional language and 35 U.S.C. 112(f) is crucial in patent claim interpretation. Key aspects include: 35 U.S.C. 112(f) allows for functional claiming in combination with means-plus-function or step-plus-function language It provides a way to use functional language without running afoul of indefiniteness concerns Claims using 112(f) are interpreted to cover the corresponding…
Read MoreWhat factors support a conclusion that a prior art element is an equivalent?
According to MPEP 2183, there are three main factors that support a conclusion that a prior art element is an equivalent: Identical function and results: “The prior art element performs the identical function specified in the claim in substantially the same way, and produces substantially the same results as the corresponding element disclosed in the…
Read MoreWhat is the relationship between equivalence and obviousness in patent examination?
In patent examination, there is an important relationship between equivalence and obviousness: If an applicant successfully shows that a prior art element is not equivalent to the claimed limitation, the examiner must still consider obviousness. Non-equivalence does not automatically mean non-obviousness. The examiner must perform a 35 U.S.C. 103 analysis to determine if the claimed…
Read MoreWhat is 35 U.S.C. 112(f) and how does it affect claim interpretation?
35 U.S.C. 112(f) (previously known as 35 U.S.C. 112, sixth paragraph) is a provision in patent law that allows an element in a claim to be expressed as a means or step for performing a specified function without reciting the structure, material, or acts in support thereof. This provision affects claim interpretation by limiting the…
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