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| prosecution history estoppel ： ウィキペディア英語版 |
prosecution history estoppel
Prosecution history estoppel, also known as file-wrapper estoppel, is a term used to indicate that a person who has filed a patent application, and then makes narrowing amendments to the application to accommodate the patent law, may be precluded from invoking the doctrine of equivalents to broaden the scope of their claims to cover subject matter ceded by the amendments. Although primarily a U.S. term, questions of whether, or the extent to which the prosecution history should be relevant for determining the extent of protection of a patent also arise outside the U.S.
== Canada ==
(詳細はpurposive construction, which relies on reading both the claims and the specifications to determine the scope of a patent, and extrinsic evidence is not permitted. Therefore, the Canadian courts emphatically reject what they refer to as "file wrapper estoppel".〔''Lovell Manufacturing Co. v. Beatty Bros. Ltd.'' (1962) 23 Fox Pat. C. 112 (Ex. Ct.), and ''P.L.G. Research Ltd. v. Jannock Steel Fabricating Co.'', (1991) 35 C.P.R. (3d) 346 (F.C.T.D.), noted in 〕 No distinction is drawn between cases involving allegations of literal infringement and those involving substantive infringement, which means that the negotiations that have taken place between the patentee and the Patent Office cannot be used in order to establish a particular equivalent. Similarly, a patentee is barred from using any previous negotiations with the Patent Office in order to determine the scope of the claims of the patent (i.e. the negotiations cannot be used by the patentee or against the patentee in determining the scope of the claims within the patent).
This is one of the significant differences that exist between Canadian and US patent jurisprudence, which leads some legal commentators to state that Canada is more friendly for rights holders in pursuing patent claims.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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