1. Equivalent infringement shall in principle not be denied for an embodiment that could have been easily conceived at the filling date, yet has not been included in the patent claims. 2. Equivalent infringement shall be denied where the applicant objectively or publicly indicated that a feature of the claim could be replaced by a corresponding feature, yet intentionally did not include such feature in the claim.
IIC - International Review of Intellectual Property and Competition Law – Springer Journals
Published: Jun 4, 2018
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