Doctrine of equivalents in US and European patent law

20 November 2020

Lawsuits for patent infringement require a showing that an accused product or process includes each and every element of an asserted claim, write Jonathan Roses (pictured, left) counsel, Wolf, Greenfield & Sacks, and Alexander Lee, associate, Hoffmann Eitle, in an Expert View piece.

While infringement is generally demonstrated by showing that each limitation is literally present, there are certain circumstances in which courts will find infringement based on accused products or processes that do not literally contain each and every claim element.

In these situations, the Doctrine of Equivalents (DOE) will allow for extension of the asserted claim beyond its literal scope. This article discusses the differential application of DOE in the USA and across Europe.

This article is accessible to registered users, to continue reading please register for free.  A free trial will give you access to exclusive features, interviews, round-ups and commentary from the sharpest minds in the pharmaceutical and biotechnology space for a week. If you are already a registered user please login. If your trial has come to an end, you can subscribe here.

Login to your account

Become a subscriber



Or £77 per month

Subscribe Now
  • Unfettered access to industry-leading news, commentary and analysis in pharma and biotech.
  • Updates from clinical trials, conferences, M&A, licensing, financing, regulation, patents & legal, executive appointments, commercial strategy and financial results.
  • Daily roundup of key events in pharma and biotech.
  • Monthly in-depth briefings on Boardroom appointments and M&A news.
  • Choose from a cost-effective annual package or a flexible monthly subscription
The Pharma Letter is an extremely useful and valuable Life Sciences service that brings together a daily update on performance people and products. It’s part of the key information for keeping me informed

Chairman, Sanofi Aventis UK

Today's issue

Company Spotlight

More Features in Pharmaceutical