Doctrine of Equivalents

Definition

The doctrine of equivalents allows a finding of infringement when an accused product performs substantially the same function in substantially the same way to achieve the same result, even without literal infringement.

Why It Matters Legally

This doctrine extends protection beyond the literal claim words, preventing competitors from escaping infringement through trivial changes. Its scope is limited by prosecution history estoppel.

Example Use Case

A competitor swaps one material for an equivalent one to avoid the literal claim, but the court finds infringement under the doctrine of equivalents.

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Related Terms

Prosecution History Estoppel, Patent Infringement, Claim Construction, Patent Litigation