You are here:  Ed9 08.2017 Guidebook  » Appendix V: 35 U.S.C. 112

2186    Relationship to the Doctrine of Equivalents

MPEP SECTION SUMMARY

The doctrine of equivalents arises in the context of an infringement action. If an accused product or process does not literally infringe a patented invention, the accused product or process may be found to infringe under the doctrine of equivalents. All words in a claim must be considered in judging the patentability of a claim against the prior art. The doctrine of equivalents operates to expand claim coverage beyond the literal scope of claim language.