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Prosecution History E’stop’pel!

This post was first published on 3rd September, 2014.   All of us have experienced times when things don’t work the way we want them to when we really need them to. Exactly the same way, extended protection given to the patentee under the Doctrine of Equivalents (DOE) doesn’t always help you when you need it the most. Many a time, the application has to be amended in order to accommodate the Patent Law requirements, which is called the Prosecution History or File-Wrapper.…

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“Merry Christmas, Christmas patents, Santa Drones, Seminar on Innovation and IP, MSF v. Gilead, Fitness tracker patent dispute, Nokia and Huawei patent license agreement, GCC payment system becomes operational, Prosecution History Estoppel, Patent Tip of the Week and other Weekly Patent News,” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm. Patent Fact of the Week In the mid-1800s France gave out an important patent in photography for free as a gift to the world…

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Prosecution History Estoppel

Patent prosecution is an iterative process and it is during this process that the applicant often changes the language of their proposed claims. The doctrine of prosecution history estoppel, formerly known as file wrapper estoppel has been defined as an equitable tool for determining the scope of patent claims. This occurs when an inventor amends the patent application by narrowing the claims during the course of patent prosecution to overcome a rejection. It has received a great deal of attention…

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