Doctrine of Equivalence
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Patent rights give inventors the ability to stop others from using their invention, which is why patent laws require inventors to describe their invention in a clear and concise manner. Inventors typically spend a lot of time, money, and effort in developing and patenting their inventions, and they should have the right to prevent others from creating similar products or using similar processes that essentially copy their invention but with minor differences. Patent infringement can take different forms, including direct copying of a granted patent or indirect infringement related to functionality and structure. This is where the “Doctrine of Equivalence” becomes relevant. The Doctrine of Equivalence, also known as the Triple Identity test determines whether a product or process infringes on a patented invention. The triple identity elements are :
-Same function – same functions as the patented invention
-Same way – performs the function the same way as the patented invention
-Same result – produce the same result as the patented invention
If all three elements are present in the accused product or process, then it is considered equivalent to the patented invention. So basically it restricts competitors from making minor changes to a patented invention in an attempt to avoid infringement.