What is the “doctrine of equivalents” in patent protection?
When determining protection, the law accounts for elements that are equivalent to those expressed in the claims. This means a claim covers not only the literal elements but also their functional equivalents. This ensures that minor variations do not bypass patent rights. This principle is codified in Section 75 Intellectual Property Code of the Philippines. “75.2. For the purpose of determining the extent of protection conferred by the patent, due account shall be taken of elements which are equivalent to the elements expressed in the claims…” January 3, 2026About Nicolas and De Vega Law Offices
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