Legal Definitions - substantial equivalent

Definition: Substantial equivalent refers to a product or device that performs the same function in the same way as a patented item, even if it looks different or has a different name.

For example, if a company invents a new type of phone charger and patents it, another company cannot create an identical charger and sell it. However, if another company creates a charger that works in the same way and achieves the same result, it may be considered a substantial equivalent and could be sold without infringing on the original patent.

Another example could be a medication. If a drug company patents a specific medication, another company cannot create an identical drug and sell it. However, if another company creates a medication that works in the same way and achieves the same result, it may be considered a substantial equivalent and could be sold without infringing on the original patent.

These examples illustrate how a product or device can be considered a substantial equivalent even if it looks different or has a different name, as long as it performs the same function in the same way as the patented item.