Asked by Mulham Shbeib on May 06, 2024

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Which of the following allows a defendant to be held liable for infringement even though the subject matter he used contained elements that were not identical to those described in the patentee's claims of invention,but nonetheless,may be seen as equivalent to those of the patented invention?

A) Literal infringement
B) Double jeopardy clause
C) Strict liability
D) Doctrine of equivalents

Doctrine of Equivalents

A patent infringement theory that allows for a finding of infringement even if the infringing device or process does not literally infringe upon the patented invention.

Literal Infringement

A direct violation of the specific words or terms in a patent or copyright, without consideration for any underlying intention or interpretation.

Patentee

A patentee is the individual or entity that has been granted the exclusive rights to an invention by a patent office for a specified period.

  • Recognize the criteria and procedure for patent application and infringement issues.
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Cassie VolpentestaMay 11, 2024
Final Answer :
D
Explanation :
Under the doctrine of equivalents,a defendant may be held liable for infringement even though the subject matter he made,used,or sold contained elements that were not identical to those described in the patentee's claims of invention,if the elements of the defendant's subject matter nonetheless may be seen as equivalent to those of the patented invention.