Disclaimer: Does it Still Work in the Modern Patent Litigation Context?
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Canadian Intellectual Property Review
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Disclaimer: Does it Still Work in the Modern Patent Litigation Context?
Issue: Volume 26 no 2
Author(s): Dale E. Schlosser
Abstract:
Disclaimer, reissue, re-examination, and correction are available for addressing deficiencies in issued patents. After little activity since 1976, disclaimers have recently been the subject of scrutiny by the courts, adding significantly to the jurisprudence regarding validity. This article reviews the statutory history of the disclaimer section of the Patent Act since 1970, while discussing recent cases.
