Information for "MPEP 2186"
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| Display title | MPEP 2186 |
| Default sort key | MPEP 2186 |
| Page length (in bytes) | 1,761 |
| Page ID | 1812 |
| Page content language | en - English |
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| Page creator | Lost Student (talk | contribs) |
| Date of page creation | 01:18, May 29, 2007 |
| Latest editor | Lost Student (talk | contribs) |
| Date of latest edit | 22:45, May 31, 2020 |
| Total number of edits | 2 |
| Total number of distinct authors | 1 |
| Recent number of edits (within past 90 days) | 0 |
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Description | Content |
Article description: (description)
This attribute controls the content of the description and og:description elements. | The doctrine of equivalents arises in the context of
an infringement action. If an accused product or process
does not literally infringe a patented invention,
the accused product or process may be found to
infringe under the doctrine of equivalents. The essential
objective inquiry is: “Does the accused product or
process contain elements identical or equivalent to
each claimed element of the patented invention?”
Warner-Jenkinson Co. v. Hilton Davis Chemical Co.,
117 S. Ct. 1040, 41 USPQ2d 1865, 1875 (1997). In
determining equivalence, “[a]n analysis of the role
played by each element in the context of the specific
patent claim will thus inform the inquiry as to whether
a substitute element matches the function, way, and
result of the claimed element, or whether the substitute
plays a role substantially different from the
claimed element.” 41 USPQ2d at 1875. |
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