The Doctrine of Equivalents: A Minor Survey of the Law
A sword available to the patentee—and a shield for the alleged infringer. The patent laws “promote the Progress of Science and Useful Arts” by rewarding innovation with a temporary monopoly. U.S. Const. art. I, § 8, cl. 8. That monopoly is a property right, and like any property right, it should have clear boundaries. The…