Worldwide Doctrine of Equivalents and Prosecution History Estoppel -

The doctrine of equivalents (DOE) arises in the context of a patent infringement action where the accused product or process does not literally infringe a patented invention, but only differs in insubstantial ways. Recently, DOE was seemingly introduced for the first time in the UK, but the doctrine is recognized in many jurisdictions throughout the world. The September 2017 issue of Sterne Kessler’s Global Patent Prosecution Newsletter includes information on DOE and the doctrine of prosecution history estoppel worldwide...