Remove disclaimer
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Classic Prosecution Disclaimer

Patently O

This claim construction decision focuses on prosecution disclaimer. Those actions created a disclaimer — meaning that the claim limitation cannot be interpreted to cover what was found in that distinguished reference. . .” Often Implicit : Sometimes patent applicants expressly state that they are disclaiming scope.

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What is a Trademark Disclaimer?

L4SB

Oftentimes, the United States Patent and Trademark Office (USPTO) will issue an office action after you have filed your trademark requiring a disclaimer for one or more of the words contained in the mark. Assuming there are no other outstanding issues, simply agreeing to the disclaimer will allow your mark to proceed to publication.

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Disclaimer and Dedication

Patently O

The chart above shows the number of disclaimed/dedicated patents per year going back to 1995. Every year it has been a relatively small number, and for each instance there is usually some strategic reason for the disclaimer. As you can see, FY2022 is figuratively off the charts–almost triple any year since 2005.

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Hungary government orders disclaimers for books with gay themes

JURIST

The Hungarian government has ordered a publisher to print disclaimers identifying books containing “behaviour inconsistent with traditional gender roles.” The post Hungary government orders disclaimers for books with gay themes appeared first on JURIST - News - Legal News & Commentary.

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Disclaimer: Now and Later

Patently O

Trend Micro includes a big discussion on treatment of disclaimers. The court noted that the statements could be reasonably interpreted in more than one way and thus failed to meet the high burden of prosecution disclaimer. The statute does discuss disclaimer under Section 253, but this is disclaimer of a claim as a whole.

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Prosecution Disclaimer – What is Clear from the Record

Patently O

1, 2022), shows us subtle dividing lines between applicant statements (1) that create a disclaimer compared with those (2) that are merely helpful for interpretation. Similarly, a patentee may disclaim or disavow claim scope. I see disclaimer as an examination failure. Nintendo Co., 2022 WL 982246 , — F.4th Raytek Corp. ,

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Is it Time to Eliminate Terminal Disclaimers?

Patently O

I’m trying an open authorship model for a new short paper asking the question: Is it Time to Eliminate Terminal Disclaimers ? I just wrote 150 words, and so it is 3% of the way toward a 5,000 word goal. If we get to 5,000 coherent words, then I’ll make sure it gets published — probably in some fancy law journal.

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