What is doctrine of file wrapper estoppel?
File wrapper estoppel essentially means that when an inventor during prosecution narrows down his/her invention to escape prior art by some amendment, s/he cannot claim that someone else infringed his/her patent under the doctrine of equivalence. The doctrine of file wrapper estoppel was developed in Festo Corp.
What is estoppel in patent?
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.
What are the reasons for the doctrine of equivalents and prosecution history estoppel?
A prosecution history may limit a range of infringement available under the doctrine of equivalents. Prosecution history estoppel prevents a patentee from using the doctrine of equivalents to recapture subject matter surrendered during prosecution from the literal scope of a claim.
What are the remedies for patent infringement?
What is a patent file history?
The file wrapper, also known as the patent file history, includes all the communications and documentation of a patent application. This includes information in the application itself, as well as responses and office actions filed by the USPTO’s patent examiner.
Who is in charge of the Uspto?
Fred Steckler is the Chief Administrative Officer for the U.S. Patent and Trademark Office (USPTO).
How do you avoid patent infringement?
To avoid lengthy and expensive patent litigation, the company should at least consider potential modifications to the product’s design avoiding those patents, typically called “design-arounds.” The first step in avoiding patent infringement is obtaining knowledge of the patents that may be infringed by the product you …
How do I prove patent infringement?
Proving patent infringement in court requires a plaintiff to prove two broad elements: ownership and validity of the patent, and infringement of the patent by the defendant.
How do you prove doctrine of equivalents?
Under the “all elements” rule, the doctrine of equivalents must be applied to each individual element of a claim, not to the invention as a whole. It is necessary to show that every element of the patented invention, or its substantial equivalent, is present in the accused product or process.
What is patent file wrapper?
Legal Definition of file wrapper. : a written record in a patent office of the application and negotiations for a patent preceding the issuance of the patent.