The doctrine of equivalence will negate the effect of the doctrine of omission if the new item performs substantially the same function as the already patented item.

Question

Quizplus · Accepted Answer

The doctrine of equivalence means that even if the new item does not include all the elements or steps of the already patented item, it may still infringe the patent if it performs substantially the same function in substantially the same way. Therefore, if the doctrine of equivalence applies, it can negate the effect of the doctrine of omission.

The Doctrine of Equivalence Will Negate the Effect of the Doctrine