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Doctrine Of Equivalents at Legal Glossary

What is it? A patent rule under which a new device or process violates an existing patent if the new invention does the same work in a substantially similar way to achieve the same results.

Law Definition Added By: Hunter

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Law Terms anticipation is In patent law, a situation in which an invention is anticipated by being too similar to an earlier invention to be considered novel. Because novelty is a requirement for a patent, anticipated inventions are not patentable. Anticipation can occur when a prior invention or printed publication matches all of the primary characteristics of the invention, or it can happen when the invention is displayed or offered for sale more than a year prior to filing a patent application. For example, a bird owner invents a device to keep her bird from picking at its tail feathers. She applies for a patent, but her application is rejected on the ground that the same device was in use 3500 years ago in Egypt. In patent-speak, the inventors creation has been anticipated by previous developments (the prior art.)

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