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:
“If you leave your work for one day, you’ll be out of practice for three.”
—Chinese proverb.
“No exile at the South Pole or on the summit of Mont Blanc separates us more effectively from others than the practice of a hidden vice.”
—Marcel Proust (1871–1922)