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Simple English definitions for legal terms

doctrine of equivalents

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A quick definition of doctrine of equivalents:

The doctrine of equivalents is a legal rule that allows a patent holder to claim infringement even if every element of their invention is not exactly the same in the allegedly infringing product. This is to prevent someone from copying a patented invention by making only minor changes while keeping the same function. To determine if something is equivalent, each element of the patent claim must be analyzed to see if it has an identical or equivalent element in the accused product. The substitute element must match the function, way, and result of the claimed element. The evaluation is done at the time of infringement, not when the patent was issued.

A more thorough explanation:

The doctrine of equivalents is a legal principle that allows a patent holder to claim infringement even if every element of their invention is not present in an allegedly infringing product. The purpose of this doctrine is to prevent an infringer from making minor changes to a patented invention and still benefiting from its functionality.

For example, if a patent holder invents a new type of screwdriver with a unique handle and a specific type of head, an infringing product that uses a different handle but the same type of head may still be considered an infringement under the doctrine of equivalents.

The doctrine of equivalents is determined by a "triple identity" test, which requires that the accused product or process performs substantially the same function in substantially the same way to obtain the same result as the patented invention. This means that each individual element of a claim must be analyzed to determine if it is present in the accused product or process.

For example, if a patent holder invents a new type of battery with a specific chemical composition, an infringing product that uses a different chemical composition but still produces the same amount of power may still be considered an infringement under the doctrine of equivalents.

The doctrine of equivalents is evaluated at the time of infringement, not at the time the patent was issued. This means that subsequent changes in technology may challenge the definition of previously essential elements or limitations present in the original invention.

doctrine of discovery | doctrine of incorporation by reference

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23:23
I have a hairy digital footprint
23:24
They’ll never catch me tho
23:25
u were smart about ur user, everyone loves pizza so u could be anyone
23:25
Im like a sewer turtle
@JumpySubsequentDolphin: ur digital footprint is hot
23:28
can u sell pics of ur digital footprint to pay for law school? asking for a friend
23:29
Digital footprint in the sand with a mysterious instagram caption
23:29
Hello 😊
23:30
@CoalCat: what school u working for
23:30
no schools so far
23:30
international student
PizzaDude
23:30
I dont trust u
Dkk
23:32
Pizza is code for pedophile. Hence pizza gate.
PizzaDude
23:32
Well thats not justified
PizzaDude
23:33
i havent accomplished enough to be a part of that yet
Dkk
23:34
Imagine what losers the modern skull and bones people at Yale are compared to their founders.
23:44
u not even in the ring yet
Dkk
23:45
Nah but I am a hater
me hating on cornblatt^
Dkk
23:49
Dude my retard roommate has been putting food waste this month in the drain side of the sink and not the garbage disposal. I hate this dumb mother fucker so much.
PizzaDude
23:50
Yeah thats dumb
23:50
dkk i get that that's awful, but ableist slurs aren't the way to go
Dkk
23:53
Jesus 6 more months with this idiot and hopefully any law school at that point.
windyMagician
0:22
im autistic and i give dk permission to use the word
0:26
im autistic and i dont
Dkk
0:31
I am learning about the civil war on drugs rn: https://www.youtube.com/watch?v=GxdNTkGRcLY
PizzaDude
1:24
Everyones always like “im autistic” but no one ever stops to ask “dk are you autistic?”
PizzaDude
1:24
Thats the important question
Dkk
3:06
I am not sure but I do enjoy a lot of things that people would describe as autistic.
Dkk
3:07
I always say you kind of have to be to go on here each day.
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