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Doctrine of Equivalents: Requirement 5

Posted on November 28, 2017November 23, 2017 by MORIMOTO AND ASSOCIATES

There are five requirements for the doctrine of equivalents.

According to the Supreme Court, the Requirement 5 is that “there are no extraordinary circumstances wherein, for example, the product was intentionally excluded from the scope of claims in the patent application procedure according to the patented invention.” (H6 (O) 1083)

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