Simple English definitions for legal terms
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Substantial Equivalent: When two things do the same job in almost the same way and give the same result, they are considered to be the same thing even if they look different or have different names. This is called a substantial equivalent.
Definition: Substantial equivalent refers to a product or device that performs the same function in the same way as a patented item, even if it looks different or has a different name.
For example, if a company invents a new type of phone charger and patents it, another company cannot create an identical charger and sell it. However, if another company creates a charger that works in the same way and achieves the same result, it may be considered a substantial equivalent and could be sold without infringing on the original patent.
Another example could be a medication. If a drug company patents a specific medication, another company cannot create an identical drug and sell it. However, if another company creates a medication that works in the same way and achieves the same result, it may be considered a substantial equivalent and could be sold without infringing on the original patent.
These examples illustrate how a product or device can be considered a substantial equivalent even if it looks different or has a different name, as long as it performs the same function in the same way as the patented item.