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3 Chi.-Kent J. Intell. Prop. [i] (2003-2004)

handle is hein.journals/jointpro3 and id is 1 raw text is: <--- 3 CHI.-KENT J. INTELL. PROP. 1 ---> Festo and the Future of the Doctrine of Equivalents By Brian J. Teague Candidate, J.D., 2004, University of Richmond School of Law. I. INTRODUCTION Patent protection in the United States is rooted in the United States Constitution, which grants Congress the power To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries. A patent is a property right granted ... to an inventor to exclude others from making, using, offering for sale, or selling the invention ... for a limited time in exchange for public disclosure of the invention.'' Pursuant to this grant of authority, the Patent ActP enumerates, inter alia, the procedural requirements to apply for and receive a patentl4 and specifies the temporary monopoly received by the inventor.H One of the key requirements of the Patent Act is that the inventor must describe the invention in full, clear, concise, and exact terms.''1 This requirement is essential for the patent holder (also called the patentee) to know what he owns and for the public to know what he does not.7 The law attempts to balance the interest of the inventor to maintain a temporary monopoly, thereby allowing him to capitalize on his innovation, with the interest of the general public to pursue innovations, creations, and new ideas beyond the inventor's exclusive rights.M This requirement to describe the invention in full, clear, concise, and exact terms is hampered, however, by the difficulty in finding words to describe an invention with complete

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