Title: Applicability of doctrine of equivalent and prosecution history estoppels in Indian patent system

Authors: Tapas Bandyopadhyay; Tuhin Singharoy

Addresses: RGSOIPL, IIT-Kharagpur, Kharagpur-721302, India. ' RGSOIPL, IIT-Kharagpur, Kharagpur-721302, India

Abstract: The doctrine of equivalent, prosecution history estoppels and their interrelationship has been well discussed by various decisions in US jurisdiction. But what is the approach of Indian patent office, and Indian court in an issue same or similar to that. Is the prosecution history estoppels applicable in Indian patent system or thought can be extended to that direction? The present paper has analysed the concept of 'doctrine of equivalent' and 'prosecution history estoppels' based on some US court judgments and tried to extend its applicability in Indian patent system.

Keywords: doctrine of equivalents; doctrine of prosecution history estoppels; patents; jurisdiction; purposive; patent infringement; literal; claims; Indian Patent Office; India; patent litigation.

DOI: 10.1504/IJIPM.2012.047502

International Journal of Intellectual Property Management, 2012 Vol.5 No.2, pp.162 - 168

Received: 20 Aug 2011
Accepted: 20 Jan 2012

Published online: 31 Jul 2014 *

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