Discussion
Which one of the following doctrines prevailing in most of the legal systems that allows a court to hold a party liable for patent infringement even though the infringing device or process does not fall within the literal scope of a patent claim, but nevertheless is equivalent to the claimed.
Answer: C
This is the doctrine of equivalents.
Under the doctrine of equivalents, a product or process that does not fall within the literal words of a patent claim still infringes if it performs substantially the same function in substantially the same way to achieve substantially the same result as the claimed invention. It stops infringers escaping liability by making trivial changes, and was affirmed in the United States in Graver Tank v. Linde Air Products (1950).
Deceptive similarity is a trade mark concept, and 'literal conflict' and 'colourable deception' are not the recognised name of this patent doctrine.
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