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:
“The mayor and Montaigne have always been two, with a very clear separation. For all of being a lawyer or a financier, we must not ignore the knavery there is in such callings. An honest man is not accountable for the vice or stupidity of his trade, and should not therefore refuse to practice it.”
—Michel de Montaigne (1533–1592)
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—Kimberly Crenshaw (b. 1959)