How 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 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.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2186 - Relationship To The Doctrine Of Equivalents,
Patent Law,
Patent Procedure