Prosecution history estoppel, also known as file-wrapper estoppel, is a term used to indicate that a person who has filed a patent application, and then makes narrowing amendments to the …

2021年5月17日 · Prosecution history estoppel prevents a patentee from using the doctrine of equivalents to recapture subject matter surrendered during prosecution from the literal scope …

2019年12月24日 · The Federal Circuit explained the well-settled notion that prosecution history estoppel can occur in two ways: by making a narrowing amendment to the claim (amendment …

While prosecution history estoppel (“PHE”) is common in patent infringement litigation in many countries, each country has different regulations and court practices in regard to claim …

2022年3月4日 · The Federal Circuit noted that prosecution history estoppel can occur in two ways: by making a narrowing modification to the claim (amendment-based estoppel) or by …

2021年5月17日 · Prosecution history estoppel prevents a patentee from using the doctrine of equivalents to recapture subject matter surrendered during prosecution from the literal scope …

2023年5月18日 · Prosecution history estoppel, also known as file wrapper estoppel or prosecution disclaimer, is a legal doctrine in patent law that limits the scope of a patent holder’s rights by …

[2] In some countries, the doctrine of equivalents does not apply when, for example, a patentee made narrowing amendments or arguments during examination (known as prosecution history …

2021年5月10日 · Claim interpretation in view of the prosecution history is a preliminary step in determining literal infringement, while prosecution history estoppel applies as a limitation on …

2020年4月28日 · The presumption of prosecution history estoppel applies to both Option A and Option B. Option C strictly avoids the case law that applies the presumption, but, as noted …