1 Va. J.L. & Tech. 1 (1997)

handle is hein.journals/vjolt1 and id is 1 raw text is: I Va. J.L. & Tech. 1 (Spring 1997) <http://vjolt.student.virginia.edu>
1522-1687 / D 1997 Virginia Journal of Law and Technology Association
UNIVERSITY OF VIRGINIA              SPRING 1997                 1 VA. J.L. & TECH. 1
An Economic Analysis of the Doctrine of Equivalents
by Joseph S. Cianfranin
I. Introduction
11. Economic Purposes of the Patent System
III. The History of the Doctrine of Equivalents
A. The 1790 Act
B. The 1836 Act
C. The 1870 Act
D. The 1952 Act
IV. The Hilton-Davis Decision
V. Policy Considerations Underlying the Doctrine of Equivalents
VI. Inadequacy of Literal Language to Adequately Capture the Invention
VII. Economic Analysis of the Bargaining Process Between the Applicant and the PTO
A. The Prosecution Process
B. Economic Analysis of Patent Prosecution VIII. The Economic Efficiency of the Doctrine
of Equivalents
A. The Efficiency Increasing Effects of the doctrine of Equivalents
B. The Economic Value of the Doctrine of Equivalents to a Potential Patentee
C. Costs of the Doctrine of Equivalents IX. A New Approach to the Doctrine of
X. Conclusion
I. Introduction
1. The problem is familiar to patent practitioners. A client planning to enter an area of technology
dutifully consults his patent counsel to ensure that there are no patents that cover a proposed

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