prosecution history estoppel

prosecution history estoppel
In United States patent law, the circumstance under which a person who has filed a patent application, and then made amendments to the application to accommodate the patent law and secure issuance of the patent, is prevented from bringing a cause of action for infringement of the patent where the allegedly infringing acts falling within the matter disclaimed by the amendment.

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  • Prosecution history estoppel — 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 amendments to the application to accommodate the patent law …   Wikipedia

  • prosecution history estoppel — see estoppel 1 Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • estoppel — es·top·pel /e stä pəl/ n [probably from Middle French estoupail plug, stopper, from estouper to stop up see estop] 1: a bar to the use of contradictory words or acts in asserting a claim or right against another; esp: equitable estoppel in this… …   Law dictionary

  • Estoppel — in its broadest sense is a legal term referring to a series of legal and equitable doctrines that preclude a person from denying or asserting anything to the contrary of that which has, in contemplation of law, been established as the truth,… …   Wikipedia

  • prosecution — A criminal action; a proceeding instituted and carried on by due course of law, before a competent tribunal, for the purpose of determining the guilt or innocence of a person charged with crime. U. S. v. Reisinger, 128 U.S. 398, 9 S.Ct. 99, 32… …   Black's law dictionary

  • Prosecution disclaimer — In United States patent law, prosecution disclaimer is a legal doctrine that provides that the statements made by an applicant for a patent in the course of prosecution may act to limit the literal coverage of the patent claims. Prosecution… …   Wikipedia

  • file wrapper estoppel — Under the doctrine of file wrapper estoppel, an applicant who has limited or modified a claim in order to avoid its rejection by the Patent Office may not later expand his claim by including the excluded matter, or its equivalent, or by omitting… …   Black's law dictionary

  • file wrapper estoppel — Under the doctrine of file wrapper estoppel, an applicant who has limited or modified a claim in order to avoid its rejection by the Patent Office may not later expand his claim by including the excluded matter, or its equivalent, or by omitting… …   Black's law dictionary

  • Glossary of patent legal concepts — Patent law (patents for inventions) …   Wikipedia

  • Doctrine of equivalents — This article discusses the patent doctrine. For the trademark doctrine regarding translation of foreign words, see Doctrine of foreign equivalents. The doctrine of equivalents is a legal rule in most of the world s patent systems that allows a… …   Wikipedia

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