How do patent examiners determine what constitutes an equivalent?
Patent examiners determine equivalents based on the guidance provided in the MPEP and relevant case law. While MPEP 904.01(b) doesn’t provide specific criteria, it refers to other sections for more detailed guidance:
“See MPEP § 2181 – § 2184 for a discussion of equivalents when a claim employs means or step plus function terminology.”
Generally, examiners consider whether an element performs substantially the same function, in substantially the same way, to achieve substantially the same result as the claimed invention. This determination often involves analyzing the specification, reviewing relevant prior art, and applying legal standards established by court decisions on the doctrine of equivalents.
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