Concept in patent law
In patent law, a disclaimer are words identifying, in a claim, subject-matter that is not claimed[1] or another writing disclaiming rights ostensibly protected by the patent.[2] By extension, a disclaimer may also mean the amendment consisting in introducing a negative limitation in an existing claim, i.e. "an amendment to a claim resulting in the incorporation therein of a 'negative' technical feature, typically excluding from a general feature specific embodiments or areas".[3][4] The allowability of disclaimers is subject to particular conditions, which may vary widely from one jurisdiction to another.
- ^ Decision G 2/10 of the Enlarged Board of Appeal of the European Patent Office, August 30, 2011, Reasons for the decision, point 2.1.
- ^ MPEP § 1490 Disclaimers
- ^ Decision G 2/10, August 30, 2011, Reasons for the decision, point 2.2.
- ^ Robert Young (8–9 November 2012). EPO boards of appeal and key decisions: Disclaimers and their legal basis, especially in the light of decisions G 1/03, 2/03 and G 2/10 – possible consequences for their use as an instrument of patent prosecution (Part 1 of 3). Munich, Germany: European Patent Office. 1:06 to 1:45 minutes in. Retrieved November 10, 2013.