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Doctrine of Equivalents for EP Patents
Posted by Anonymous . updated on 2/26/2009
Can someone comment on the availability of the doctrine of equivalents so-to-speak for EP patents? or otherwise direct me to some useful information? Thank you.
Answers (1)
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patient
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Have a look at Article 69 of the European Patent Convention. You can download the pdf file of the EPC 2000 (entering into force on Dec 13, 2007) on the page of the EPO. (I would include the link but as a new user I am not allowed to do so.)
And also have a look at the Protocol on the Interpretation of Article 69 EPC, which can also be found in the same pdf file containing the Articles of the EPC 2000.
Paragraph (2) of said Protocol reads:
"For the purpose of determining the extent of protection
conferred by a European patent, due account
shall be taken of any element which is equivalent to
an element specified in the claims."
The Protocol on the Interpretation of Art. 69 EPC will also enter into force on December 13, 2007. It is difficult to predict how the national courts of the contracting states will interpret Art. 69 and the above-mentioned Protocol.
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