What is the function-way-result test in the doctrine of equivalents?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 9 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. The function-way-result test is a key aspect of determining equivalence under the doctrine of equivalents. MPEP 2186 references this test as follows: “[A]n analysis of the role played by each element in the context of the specific patent claim will thus inform the inquiry as to whether a substitute element matches the function, way, and result of the claimed element, or whether the substitute plays a role substantially different from the claimed element.” This test evaluates whether a substitute element in an accused product performs substantially the same function, in substantially the same way, to achieve substantially the same result as the claimed element in the patented invention. Related Rules from the Manual of Patent Examining Procedure 9 rules Collapse Infringement Under Doctrine of Equivalents Must Match Function, Way, and Result MPEP 2186 Role of Elements in Determining Equivalence MPEP 2186 Infringement by Equivalent Elements MPEP 2186 Infringement by Equivalent Elements MPEP 2186 Permitted Equivalence Determination for Infringement MPEP 2186 Means-Plus-Function Claims Must Be Equivalent to Specified Means MPEP 2186 Required Equivalents Not to Influence Means-Plus-Function Determination MPEP 2186 Recommended Infringement by Equivalent Elements MPEP 2186 Means-Plus-Function Claims Must Be Equivalent to Specified Means 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? How does the doctrine of equivalents affect patent examination? What is the doctrine of equivalents in patent law? How does an examiner handle new matter in a patent application?