Questions tagged [doctrine-of-equivalents]

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Infringement under the Doctrine of Equivalents

I’ve been reading about the doctrine of equivalents, it is said that a product/process is said to be infringed under doctrine of equivalents if the substitute element of the accused product/process ...
Dan21's user avatar
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Ambiguously worded patent claim

I read a US utility patent for some technology where the first claim was a method claim consisting of multiple parts a), b), c), etc. One of those parts specified the range of radiation in which the ...
The Pointer's user avatar
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Doctrine of Equivalents in Light of USPTO Pro Se Program

Claims narrowed during examination to avoid prior art and other patent-ability issues are not entitled to the doctrine of equivalents in the United States. However, the USPTO has recently been ...
Jordan McBain's user avatar
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What is the difference between 'Dillon 892 F.2d 1554, (Fed. Cir. 1989)' & 'Dillon, 919 F.2d 688 (Fed. Cir 1990)'

In the book "Invention Analysis and Claiming, a patent lawyer's guide" (second edition) by Ronald Slusky he makes the point that "A claim reading on prior art is unpatentable whether or not the prior ...
user16818's user avatar
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Does a product infringe on a patent if it requires the use of the patented product to function?

Background: Let's look at a simplified example. Patent Claim #1: "A system for 'some function X' comprising: a sending device... a receiving device..." Question: If a new product provides the ...
BigMacAttack's user avatar
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If a patent refers to the use of a "strap", can I use a "chain" instead and not be in violation of the patent?

A patent claim states a "strap used to suspend the motor". Can I use a chain to suspend the motor and not be in violation of the patent. I looked up the definition of a strap and from what I can tell ...
John Stevenson's user avatar
7 votes
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Can 'my own' published application be used against 'my newer application' on the ground of 'prior-art'?

We have applied for a patent, it is published by 'PATENTSCOPE' of WIPO 7 months ago. It is presently with the International Preliminary Examination Authority (IPEA). The basis of invention is ...
Arvind Kumar Sharma's user avatar