Prosecution history estoppel, also known as file-wrapper estoppel, is a term used in United States patent law to indicate that a person who has filed a patent application, and then makes narrowing amendments to the application to accommodate the patent law, may be precluded from invoking the doctrine of equivalents to broaden the scope of their claims to cover subject matter ceded by the amendments.
Although primarily a U.S. term, questions of whether, or the extent to which the prosecution history should be relevant for determining the extent of protection of a patent also arise outside the U.S.
Read more about Prosecution History Estoppel: United States
Famous quotes containing the words prosecution and/or history:
“The prosecution of [Warren] Hastings, though he should escape at last, must have good effect. It will alarm the servants of the Company in India, that they may not always plunder with impunity, but that there may be a retrospect; and it will show them that even bribes of diamonds to the Crown may not secure them from prosecution.”
—Horace Walpole (1717–1797)
“My good friends, this is the second time in our history that there has come back from Germany to Downing Street peace with honour. I believe it is peace for our time. We thank you from the bottom of our hearts. And now I recommend you to go home and sleep quietly in your beds.”
—Neville Chamberlain (1869–1940)