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Doctrine of Equivalents Under Thai Law

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DOCTRINE OF EQUIVALENTS
SUPREME COURT JUDGMENT NO. 6572/2550 (Excerpt) The Supreme Court upheld the decision of the Central IP & IT court as followed; The question before this court is whether the defendants’ poultry feeder infringes the plaintiff’s patented poultry feeder according to the patent number 9634 or not. The Supreme Court considers Section 36 bis which states that the scope of the rights of the patentee under Section 36 in respect of a patented invention shall be determined by the claims. In determining the scope of the claimed invention, the characteristics of the invention as indicated in the description and the drawings shall be taken into account. From this provision, the defendant’s poultry feeder will infringe the plaintiff’s patented poultry feeder number 9634 if the defendant’s poultry feeder has the scope of the invention like those indicated in the patent claims. The scope of the claimed invention shall take into account the description and the drawings. The scope of protection for a patented invention shall extend to the characteristics of the invention which, although not specifically stated in the claims, in the view of a person of ordinary skill in the pertinent art, have substantially the same properties, functions and effects as those stated in the claims. In this case, the poultry feeder patented number 9634 has 11 claims. When comparing the defendant’s poultry feeder which is patented in the USA, it can be considered that the defendant’s poultry feeder has the same characteristics as the plaintiff’s claims number 1, 2, 4, 10 and 11. Thus, both plaintiff’s and defendant’s poultry feeders share the same main structures, process of use and functions. Even if there are some minor differences, it can be concluded that the defendant’s poultry feeder has the same scope of the claimed invention as the plaintiff’s patented poultry

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