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:
“Children also need opportunities to practice being less than perfect. They can afford to be ill tempered with us because it is our love that is most constant. This is the essence of unconditional love.... Our steadfast love provides a safe haven.”
—Cathy Rindner Tempelsman (20th century)
“Whatever my own practice may be, I have no doubt that it is a part of the destiny of the human race, in its gradual improvement, to leave off eating animals, as surely as savage tribes have left off eating each other when they came in contact with the more civilized.”
—Henry David Thoreau (1817–1862)