file wrapper estoppel

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 the limitations period. Speed Shore Corp. v. Denda, C.A.Cal., 605 F.2d 469, 472. Doctrine means that the inventor had earlier given up certain claims with respect to his patent that he is now attempting to assert through the doctrine of equivalents in order to establish a basis for his charge that the patent has been infringed. Systematic Tool & Machine Co. v. Walter Kiddie & Co., Inc., D.C.Pa., 390 F.Supp. 178, 200.
See also prosecution history estoppel

Black's law dictionary. . 1990.

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Look at other dictionaries:

  • file wrapper estoppel — see estoppel 1 Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   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

  • file wrapper estoppel — noun : a doctrine in patent law that one who has acquiesced in the rejection of a broad claim in his application for a patent may not later assert that a claim deliberately more restricted is equivalent to the original claim …   Useful english dictionary

  • file wrapper — file wrap·per n: a written record in a patent office of the application and negotiations for a patent preceding the issuance of the patent see also file wrapper estoppel at 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 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

  • patent — 1. adj /peytant/ Open; manifest; evident; unsealed. Used in this sense in such phrases as patent ambiguity, patent writ, letters patent. noun /pabtsnt/ A grant of some privilege, property, or authority, made by the government or sovereign of a… …   Black's law dictionary

  • 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

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