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:
“It has always been my practice to cast a long paragraph in a single mould, to try it by my ear, to deposit it in my memory, but to suspend the action of the pen till I had given the last polish to my work.”
—Edward Gibbon (1737–1794)
“The classroom, with all its limitations, remains a location of possibility. In that field of possibility we have the opportunity to labor for freedom, to demand of ourselves and our comrades, an openness of mind and heart that allows us to face reality even as we collectively imagine ways to move beyond boundaries, to transgress. This is education as the practice of freedom.”
—bell hooks (b. c. 1955)