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Doctrine of equivalence

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    • #2081
      bessy titus
      Participant

      please explain doctrine of equivalence.

    • #2146
      Roshan John
      Moderator

      The doctrine of equivalence means that a party can be made liable for patent infringement even though if the infringing device or process does not fall within the literal scope of a patent claim, but nevertheless is <b>equivalent</b> to the claimed invention.

       

    • #2161
      Vijeta Sharma
      Participant

      According to Section 54 of Indian patent Act, only the patentee of the main invention is entitled to improve or modify the main invention and claim patent for that as Patent of Addition. So the act of tring to improve or modify the invention by the Third party, even when the literal scope of a patent claim is not touched upon , will account to infringement under Doctrine of equivalence.
      First case to deal with Docterine of equivalence in India is ” Ravi Kamal Bali V. Kala Tech”.

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