Washington Law Review Volume 74 Number 3 Symposium on Salmon Recovery 7-1-1999 A Proposed Test for Applying the Doctrine of Equivalents to Biotechnology Inventions: The Nonobviousness Test Qing Lin Follow this and additional works at: https://digitalcommons.law.uw.edu/wlr Part of the Intellectual Property Law Commons Recommended Citation Qing Lin, Notes and Comments, A Proposed Test for Applying the Doctrine of Equivalents to Biotechnology Inventions: The Nonobviousness Test, 74 Wash. L. Rev. 885 (1999). Available at: https://digitalcommons.law.uw.edu/wlr/vol74/iss3/11 This Notes and Comments is brought to you for free and open access by the Law Reviews and Journals at UW Law Digital Commons. It has been accepted for inclusion in Washington Law Review by an authorized editor of UW Law Digital Commons. For more information, please contact
[email protected]. Copyright 0 1999 by Washington Law Review Association A PROPOSED TEST FOR APPLYING THE DOCTRINE OF EQUIVALENTS TO BIOTECHNOLOGY INVENTIONS: THE NONOBVIOUSNESS TEST Qing Lin, Ph.D. Abstract: In patent law, the doctrine of equivalents allows courts to find infringement if one makes or uses a device or process without substantial change from a patented invention. A test that clearly defines the appropriate scope of patent protection is crucial to development in various industries, especially in biotechnology, an industry that requires significant long- term investment. However, the most commonly applied test for determining equivalents is vague and fails to provide practical guidance. The "all elements" limitation to the test causes additional confusion. A more appropriate test for defining the scope of patent protection would be the "nonobviousness test," a test similar to the nonobviousness requirement when inventors first apply for patents.