Doctrine of equivalents
Defined in 1 dictionary — Case Law
Definitions from Case Law
From 339 U.S. 605 - Graver Tank & Mfg. Co. v. Linde Air Products Co. · 1950Most cited · 4,955 citing opinions
The essence of the doctrine is that one may not practice a fraud on a patent. A patentee may invoke this doctrine to proceed against the producer of a device 'if it performs substantially the same function in substantially the same way to obtain the same result.' The theory on which it is founded is that 'if two devices do the same work in substantially the same way, and accomplish substantially the same result, they are the same, even though they differ in name, form or shape.