The Doctrine Of Equivalents : A Legal Rule

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“Doctrine of Equivalents”

Submitted By-
Arjit Benjamin
Roll No. -07
LL.B 3 yrs
6th Semester

Submitted to-
Mr. Mayank Kapila
Amity Law School, Noida

The doctrine of equivalents is a legal rule in most of the world 's patent systems that allows a court to hold a party liable for patent infringement even though the infringing device or process does not fall within the literal scope of a patent claim, but nevertheless is equivalent to the claimed invention.
At the very outset, before discussing the doctrine of equivalents, it is necessary to understand the backdrop of the legal framework surrounding patent infringements across different jurisdictions. It is prudent to note that the patent laws of all countries specify certain minimum conditions, which need to be fulfilled, prior to the grant of the patent by the concerned authority. As far as India is concerned, the law governing issue of patents and claims as regards their infringement is the Patents Act, 1970.
Since the doctrine of equivalents is primarily concerned with infringement, the author deems it necessary to discuss the nuances surrounding infringement in some detail at this juncture. Along with the application for patents, a written description of the invention is provided to the authority concerned. Along with the specification, under Section 10, the applicant should also provide the patent office with one or more claims that distinctly describe an invention.
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