What is in a Name? : Viewing Patent Infringement through the Prism of Anglo-American Doctrines

Abstract

It is always difficult for any court to decide upon issues of patent infringement and this may become more difficult in the cases involving non-literal infringement. Furthermore, emerging technologies like biotech and nanotech can complicate this matter. However, courts in different jurisdictions have formulated various tests to determine non-literal infringements. Although, these tests are not completely fool-proof, they have succeeded to a great extent in preventing colourable imitations of an invention. In USA, the courts have been applying the doctrine of equivalents/equivalence and in UK, in courts invoke the pith and marrow rule to determine infringement. Both doctrines have their own merits and de-merits and both have done a commendable job in safeguarding the rights of the patent holder. Sooner than later the Indian courts also will have to deal with these complex issues dealing with non-literal infringement of patents. This article explores all these issues in the context of emerging technologies like biotech, with the help of landmark US and UK case laws.