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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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MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
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