Applying the doctrine of equivalents in patent litigation

This is an Insight article, written by a selected partner as part of IAM's co-published content. Read more on Insight

The scarcity of patent litigation cases in Mexico as compared to other jurisdictions has resulted in a lack of case law in several key areas of patent litigation. One such area is the situation where a product does not have all of the features of the claims of a granted patent, but is so close that it appears that a feature was changed to circumvent patent coverage through the incorporation of an equivalent feature. Under US practice, this is known as the ‘doctrine of equivalents’.

Download
 

Unlock unlimited access to all IAM content