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:
“Theory can leave questions unanswered, but practice has to come up with something.”
—Mason Cooley (b. 1927)
“She, too, would now swim down the river of matrimony with a beautiful name, and a handle to it, as the owner of a fine family property. Women’s rights was an excellent doctrine to preach, but for practice could not stand the strain of such temptation.”
—Anthony Trollope (1815–1882)