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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...