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:
“Alas for the cripple Practice when it seeks to come up with the bird Theory, which flies before it. Try your design on the best school. The scholars are of all ages and temperaments and capacities. It is difficult to class them, some are too young, some are slow, some perverse. Each requires so much consideration, that the morning hope of the teacher, of a day of love and progress, is often closed at evening by despair.”
—Ralph Waldo Emerson (1803–1882)
“We black women must forgive black men for not protecting us against slavery, racism, white men, our confusion, their doubts. And black men must forgive black women for our own sometimes dubious choices, divided loyalties, and lack of belief in their possibilities. Only when our sons and our daughters know that forgiveness is real, existent, and that those who love them practice it, can they form bonds as men and women that really can save and change our community.”
—Marita Golden, educator, author. Saving Our Sons, p. 188, Doubleday (1995)