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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 VIRGINIA JOURNAL of LAW and TECHNOLOGY 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 Equivalents 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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