Italy jurisdiction report: Doctrine of equivalents and amendments

02-08-2018

Marco Conti

Italy jurisdiction report: Doctrine of equivalents and amendments

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In Decision N. 54470/2016 (September 10, 2017), the Milan Court ruled that if a patent is subject to substantive amendments, that is, amendments introducing new features which are based on the description, the doctrine of equivalents should not apply to those features. This decision appears to be consistent with the practice of the courts in the US.


Jurisdiction report, doctrine of equivalents, Marco Conti, Bugnion, patent amendments, patent description, Milan Court, post-grant amendment, prior art

WIPR