IP Courses Lecture Site

Frage: Why was the concept of equivalent patent infringement introduced in the first place?

Frage: Welche Gefahr bestünde, wenn nur die wörtliche Erfüllung der Patentansprüche berücksichtigt würde?

Frage: Under what conditions would an equivalence test even be considered?

What type of element replaces a feature mentioned in the claim in the case of equivalence?

Frage: How can one tell whether a substitute has the same technical effect as the claimed feature?

Frage: Why is the obviousness test based on the skilled person's knowledge on the filing date?

Frage: To what extent does the interpretation of the patent specification show whether an alternative means can be considered equivalent?

Frage: Why is it crucial whether the patent holder deliberately claimed only a specific technical means?

Frage: How can one practically examine whether two technical means have the same effect?

Frage: Why would a surprising improvement not fall under equivalence?

Frage: When is a modification considered obvious to the skilled person?

Frage: What would be an example of a case where equivalent effect is lacking?

Frage: What considerations do courts take into account when assessing equivalence?

Frage: Why is the criterion of equivalence considered particularly strict compared to the other two?

Frage: To what extent can the prior art lead to a replacement means no longer falling under equivalence?

Frage: What distinguishes an equivalent embodiment from an indirect patent infringement?

Frage: What risk to legal certainty would arise if the scope of protection were defined too broadly by equivalence?

Frage: What are the legal consequences for the infringer if a court affirms equivalence?