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24 November, 2022
Should I care about the exact wording used in my patent claims? Infringement proceedings: prosecution history estoppel versus doctrine of equivalents?
In Europe, according to the EPC and its Protocol on Interpretation (Protocol herein after), the claims should be interpreted adopting a balanced approach that combines a fair protection for the patent holder with a reasonable degree of certainty for third parties. In this perspective, the claims should not be interpreted strictly, in the sense...