What are equivalents in patent examination?
In patent examination, equivalents refer to subject matter that is functionally equivalent to what is defined in a patent claim, even if it differs in form or structure. According to MPEP 904.01(b):
“All subject matter that is the equivalent of the subject matter as defined in the claim, even though different from the definition in the claim, must be considered unless expressly excluded by the claimed subject matter.”
This means patent examiners must consider equivalent technologies or methods that perform the same function as the claimed invention, even if they are not identical in structure or composition.
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