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JIPR Vol.12(1) [January 2007] >


Title: What is in a Name? : Viewing Patent Infringement through the Prism of Anglo-American Doctrines
Authors: Unni, V K
Keywords: Patent infringement
Equivalents
Pith and marrow
, Prosecution history estoppel
Non-literal infringement
Issue Date: Jan-2007
Publisher: CSIR
Abstract: It is always difficult for any court to decide upon issues of patent infringement and this may become more difficult in the cases involving non-literal infringement. Furthermore, emerging technologies like biotech and nanotech can complicate this matter. However, courts in different jurisdictions have formulated various tests to determine non-literal infringements. Although, these tests are not completely fool-proof, they have succeeded to a great extent in preventing colourable imitations of an invention. In USA, the courts have been applying the doctrine of equivalents/equivalence and in UK, in courts invoke the pith and marrow rule to determine infringement. Both doctrines have their own merits and de-merits and both have done a commendable job in safeguarding the rights of the patent holder. Sooner than later the Indian courts also will have to deal with these complex issues dealing with non-literal infringement of patents. This article explores all these issues in the context of emerging technologies like biotech, with the help of landmark US and UK case laws.
Page(s): 165-175
ISSN: 0971-5544
Source:JIPR Vol.12(1) [January 2007]

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