A Penguin's Defense of the Doctrine of Equivalents: Applying Cognitive Linguistics to Patent Law

6 N.Y.U. J.L. & Liberty 313 (2011)

46 Pages Posted: 8 Sep 2016

Date Written: 2011

Abstract

There is no dearth of commentary about the doctrine of equivalents in patent law. Many articles proclaim the doctrine's death, often noting its passage with unbridled delight. Some articles provide empirical evidence to support the assertion that the doctrine of equivalents is dead. Others simply yearn for the doctrine to fade from use, pointing out that no court has "articulated a convincing rationale" for the doctrine's continued use. But maybe these scholars have it wrong. It may be true that the instances of doctrine of equivalents analysis in patent cases are on the decline and successful outcomes based on the doctrine waning further. But these observations tell only a small part of the story. This Article contends that, despite evidence to the contrary, the death of the doctrine of equivalents has been greatly exaggerated.

Keywords: Intellectual Property, Patents, Doctrine of Equivalents

JEL Classification: O30, O34, K30, K39

Suggested Citation

Osenga, Kristen, A Penguin's Defense of the Doctrine of Equivalents: Applying Cognitive Linguistics to Patent Law (2011). 6 N.Y.U. J.L. & Liberty 313 (2011), Available at SSRN: https://ssrn.com/abstract=2835582

Kristen Osenga (Contact Author)

University of Richmond - School of Law ( email )

203 Richmond Way
Richmond, VA 23173
United States
804-289-8112 (Phone)

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