In Practice
Whenever an applicant makes a clear and unambiguous argument that a claim does not cover a certain feature, this argument becomes binding on the applicant and the applicant cannot later argue in court that the claim would cover such a feature. Coverage of that feature is considered "disclaimed" by the applicant and cannot be recovered. The scope of the resulting patent is narrower than it might be if the applicant had said nothing.
Prosecution disclaimer ensures that an applicant cannot obtain a patent by arguing that its claimed invention is narrow, and then turn around and enforce that patent against competitors with an argument that it is broader.
Read more about this topic: Prosecution Disclaimer
Famous quotes containing the word practice:
“A little instruction in the elements of chartography—a little practice in the use of the compass and the spirit level, a topographical map of the town common, an excursion with a road map—would have given me a fat round earth in place of my paper ghost.”
—Mary Antin (1881–1949)
“In my practice I’ve seen how people have allowed their humanity to drain away. Only it happens slowly instead of all at once. I didn’t seem to mind.... All of us, a little bit. We harden our hearts. Grow callous. Only when we have to fight to stay human do we realize how precious it is to us, how dear.”
—Daniel Mainwaring (1902–1977)