Intellectual Property partner, Jonathan S. Caplan and associate, Benu Mehra are the authors of the recent Patent Strategy & Management article entitled, "Prosecution History Disclaimer: Beware of What You Clearly and Unambiguously Say." The article discuss the doctrine of prosecution history disclaimer used to interpret the meaning of patent claims. The authors explain that the doctrine can be used to characterize statements in the prosecution history as "clear and unambiguous" or "unmistakable," an argument which, if accepted, can limit the meaning of the claim terms.
Download "Prosecution History Disclaimer: Beware of What You Clearly and Unambiguously Say" in PDF