How does the doctrine of equivalents affect patent examination?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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 parte examination.” This means that while patent examiners should be aware of the doctrine of equivalents, especially when interpreting means-plus-function claims under 35 U.S.C. 112(f), they should not let it overly influence their examination process. For more details on examining means-plus-function claims, examiners are directed to MPEP § 2183 . Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Infringement Under Doctrine of Equivalents Must Match Function, Way, and Result MPEP 2186 Equivalents Not to Influence Means-Plus-Function Determination MPEP 2186 Recommended Means-Plus-Function Claims Must Be Equivalent to Specified Means MPEP 2186 Required Means-Plus-Function Claims Must Be Equivalent to Specified Means MPEP 2186 Infringement by Equivalent Elements MPEP 2186 Permitted Infringement by Equivalent Elements MPEP 2186 Overall Structure Corresponding to Claimed Function Not Limiting MPEP 2183 Recommended Infringement by Equivalent Elements MPEP 2186 Role of Elements in Determining Equivalence MPEP 2186 Equivalence Determination for Infringement MPEP 2186 Other Related FAQs 5 FAQs Collapse How does 35 U.S.C. 112(f) relate to the doctrine of equivalents? How is the doctrine of equivalents applied in patent infringement cases? What is the doctrine of equivalents in patent law? What is ...