How 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 on comparing the elements of the accused product or process with those of the patented invention to determine equivalence.
To learn more:
Topics:
MPEP 2100 - Patentability,
MPEP 2186 - Relationship To The Doctrine Of Equivalents,
Patent Law,
Patent Procedure