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Because of prosecution history estoppel, the patentee could not bring an infringement suit covering the claim scope it had narrowed during prosecution.
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Because of prosecution history estoppel, the patentee could not bring an infringement suit covering the claim scope it had narrowed during prosecution.
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Related words
prosecution history estoppel
Noun
uncountable
(law)
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.
Japanese Meaning
(米国特許法において)特許出願の過程で、特許法に適合させるために出願内容を訂正した結果、訂正により除外された事項にかかわる侵害行為について、改めてその侵害を主張できなくなる法理
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