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Simple English definitions for legal terms

file-wrapper estoppel

Read a random definition: thimblerig

A quick definition of file-wrapper estoppel:

File-wrapper estoppel is a legal term that refers to a rule that limits a patent holder's ability to claim that their invention is equivalent to another invention. This rule is based on the fact that during the process of obtaining a patent, the patent holder may have given up certain elements of their invention. As a result, they cannot later claim that those elements are equivalent to another invention. This rule is also known as estoppel on the record or file-wrapper estoppel.

A more thorough explanation:

Definition: File-wrapper estoppel is a legal principle that limits a patent holder's ability to claim infringement based on the doctrine of equivalents. It arises from the prosecution history of a patent, which is the record of communications between the patent applicant and the patent office during the process of obtaining the patent.

Example: Suppose a patent application claims a device with a certain feature, but the patent office rejects the claim as too broad. The applicant then amends the claim to exclude the feature and the patent is granted. Later, the patent holder sues a competitor for infringement, arguing that the competitor's device is equivalent to the patented device. The competitor could argue that the patent holder is estopped from making this claim because they surrendered the feature during the prosecution of the patent.

Explanation: This example illustrates how file-wrapper estoppel can limit a patent holder's ability to assert infringement based on the doctrine of equivalents. By amending the claim to exclude the feature, the patent holder effectively disclaimed it and cannot later argue that the competitor's device infringes based on that feature. This principle helps to ensure that patents are granted only for what is actually invented and claimed, rather than for broader concepts that are later asserted through the doctrine of equivalents.

file-wrapper continuation application | filia

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cumsock
13:00
careful! i graduated from reddit university
13:00
@texaslawhopefully: another day another missed wave??
lilypadfrog
13:01
what if I started using redditisms
lilypadfrog
13:01
thank you kind stranger for the gold
Trismegistus
13:01
do all my hopes and dreams and sanity rest on chicago now
texaslawhopefully
13:01
@sadpadresfan: prolly. My only hope is my last name is towards the end of the alphabet
lilypadfrog
13:01
i hope u guys would put me down like a dog that bit a baby
Trismegistus
13:02
@texaslawhopefully: i saw 3/4 down alphabet then 30- mins later 1/2 down alphabet
texaslawhopefully
13:02
so they're still calling?
Trismegistus
13:03
that i dont know
KeenHeartbreakingRattlesnake
13:03
the Penn e wave is about to cook me
atwatodbit
13:03
@sadpadresfan: did you get your Cornell scholly with your A at the same time? I think they gave me nothing...
lilypadfrog
13:04
tex also got cornell scholly ask him
texaslawhopefully
13:04
there's a form you fill out
texaslawhopefully
13:04
and they'll get back to you within a few days
13:04
@atwatodbit: they emailed me a day after submitting the form
atwatodbit
13:05
ah ok, i've seen that, just need to get parental info then. just making sure
13:05
Feeling fortunate and its my top choice as of now haha
lilypadfrog
13:06
what if you fill this out and you haven’t been admitted? just a next level move? they probably have to let you in then
PerpetualCheerfulBeaver
13:06
I applied to all my places in late september and am still waiting to hear back. ive missed all three types of waves (WL,R,A) am i screwed??
texaslawhopefully
13:07
Your guess is as good as mine. I'm in the same boat for most schools
Trismegistus
13:07
begging chicago for an A
atwatodbit
13:08
the vast majority of the t14 has not hit 50% of their As, many have not even hit 25%. zero reason for panic
PerpetualCheerfulBeaver
13:08
Thank you texas!
choosingpeace
13:08
missing CLS and Penn waves im so screwed
choosingpeace
13:08
i applied early too i hate everything im crashing out im crashing OUT
PerpetualCheerfulBeaver
13:08
I literally have no experience in this type of stuff, but if i get waitlisted, should i send an email about continued interest?
lilypadfrog
13:09
im so nonchalant
lilypadfrog
13:09
i will probably hear something back eventually
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