What is the meaning of doctrine of equivalents?

Definition. A means by which a patentee may raise a claim of infringement even though each and every element of the patented invention is not identically present in the allegedly infringing product.

What is infringement under the doctrine of equivalents?

The doctrine of equivalents arises in the context of an infringement action. If an accused product or process does not literally infringe a patented invention, the accused product or process may be found to infringe under the doctrine of equivalents.

What is doctrine of Colourable variation?

Doctrine of Colorable Variation/Alteration: A colorable variation or immaterial variation amounting to infringement is where an infringer makes slight modification in the process or product but in fact takes in substance the essential features of the patentee’s invention.

What is the triple identity test?

a. 6.107 This triple identity test ensures the identicalness of the disputes in both proceedings and thereby avoids a party being deprived of its right of access to justice and its right to be heard with regard to a matter that has not already been decided in other or prior proceedings.

How do you prove doctrine of equivalents?

To prove infringement, a patentee must show that the accused product meets every limitation of a claim, either literally or under the doctrine of equivalents.

What are equivalents in patent law?

The doctrine of equivalents is a legal rule in many (but not all) of the world’s patent systems that allows a court to hold a party liable for patent infringement even though the infringing device or process does not fall within the literal scope of a patent claim, but nevertheless is equivalent to the claimed …

What is literal infringement?

There is literal infringement, which means that the allegedly infringing product infringes each and every claim limitation of an issued patent, and there is infringement under the doctrine of equivalents, which means the allegedly infringing product infringes the true scope of the patent holder’s invention.

What is induced patent infringement?

Infringement by inducement is a form of secondary liability for patent infringement. A person who does not commit direct infringement but asks or induces another to do so, or sells a product with advertising or instructions about an infringing use may be held liable for inducing infringement.

What is pith and marrow doctrine?

The doctrine of pith and marrow is the doctrine that has been applied in English patent law for over a century to see whether there was an infringement of a patent where the product or process or device or apparatus alleged to constitute an infringement did not exactly or precisely fall within the text of the relevant …

What is claim vitiation?

The doctrine of claim vitiation prevents application of the doctrine of equivalents in a way that would completely eliminate a claim element – i.e., renders the claim limitation inconsequential or ineffective.

What is the principle of IPR?

In light of the universality and hierarchy of legal principle, the principles of the international protection system of intellectual property rights (IPR) can be divided into the following two types: one is the fundamental principles applied to the what, why and how a legal system shall be constructed, such as …

What is an equivalent claim?

What does the doctrine of equivalents stand for?

The doctrine of equivalents is a legal method for a patent owner to file an infringement claim even though the original product is not completely identical to the infringing product. There are a variety of ways for patent holders to protect their intellectual property. One of these methods is called the “doctrine of equivalents” (DOE).

Which is an example of irony in literature?

Examples of Irony in Literature: 1. In Shakespeare’s Romeo and Juliet, the audience/reader knows that Juliet has faked her death, but Romeo does not and he thinks she is really dead. (dramatic irony) 2.

How is the gift of the Magi an example of irony?

It is an example of situational irony when, in the O. Henry story ” The Gift of the Magi ,” a young wife cuts off her hair in order to buy her husband a chain for his prized watch, but the husband sells his watch to buy his wife a comb for her beautiful hair.

Which is an example of irony in to kill a Mockingbird?

In Shakespeare’s Romeo and Juliet, the audience/reader knows that Juliet has faked her death, but Romeo does not and he thinks she is really dead. (dramatic irony) 2. In To Kill a Mockingbird, by Harper Lee, the main character Scout goes to school and is already able to read.