How to Properly Compare Geogrid Performance
What is the "Triple Identity Test"? The doctrine of equivalents analysis is applied to individual claim limitations, not to the invention as a whole. The legal test and the limitation recited in the difference between the feature in the accused device and the limitation literally recited in the patent claim is "insubstantial."
One way of determining the difference is "insubstantial" or not is call the "triple identity" test. Under the triple-identity test, the difference between the feature in the accused product and the limitation literally recited in the patent claim may be found to be "insubstantial" if the feature in the accused product:
- Performs substantially the same function
- Is substantially the same way
- To obtain the same result
as the limitation literally recited in the patent claim. The information below will be the catalyst for defining whether the geogrid products you are interested in, meet or exceed, the triple identity test.
