Applicability of doctrine of equivalent and prosecution history estoppels in Indian patent system
by Tapas Bandyopadhyay; Tuhin Singharoy
International Journal of Intellectual Property Management (IJIPM), Vol. 5, No. 2, 2012

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.

Online publication date: Thu, 31-Jul-2014

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