Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Case Western Reserve University School of Law

Doctrine of equivalents

Articles 1 - 4 of 4

Full-Text Articles in Law

Invention, Refinement And Patent Claim Scope: A New Perspective On The Doctrine Of Equivalents, Craig Allen Nard Jan 2005

Invention, Refinement And Patent Claim Scope: A New Perspective On The Doctrine Of Equivalents, Craig Allen Nard

Faculty Publications

The doctrine of equivalents (DOE) allows courts to expand the scope of patent rights granted by the Patent Office. The doctrine has been justified on fairness grounds, but it lacks a convincing economic justification. The standard economic justification holds that certain frictions block patent applicants from literally claiming appropriately broad rights, and thus, the DOE is available at trial to expand patent scope and overcome these frictions. The friction theory suffers from three main weaknesses. First, the theory is implausible on empirical grounds. Frictions such as limits of language, mistake, and unforeseeability are missing from the leading cases. Second, there …


Comment, Calvin P. Griffith Jan 2004

Comment, Calvin P. Griffith

Case Western Reserve Law Review

No abstract provided.


Practitioner Perspective On The Law Of Inequitable Conduct, Claim Construction, And The Doctrine Of Equivalents, Edward V. Filardi, Mark D. Baker Jan 2004

Practitioner Perspective On The Law Of Inequitable Conduct, Claim Construction, And The Doctrine Of Equivalents, Edward V. Filardi, Mark D. Baker

Case Western Reserve Law Review

No abstract provided.


The Comment: The Impact Of Major Changes By The Federal Circuit In The Law Affecting Claim Scope, Gerald Sobel Jan 2004

The Comment: The Impact Of Major Changes By The Federal Circuit In The Law Affecting Claim Scope, Gerald Sobel

Case Western Reserve Law Review

No abstract provided.