Prosecution history estoppel Archives

Prosecution History Estoppel applies to trademark cases, confirms the Bombay High Court.

The Bombay High Court recently ruled that the “prosecution history estoppel” principle applies to trademark cases. This means that statements made during the trademark registration process about similarities with other trademarks can be used against the applicant in future infringement lawsuits. The Court also emphasized the importance of disclosing all relevant information, including prosecution history, in trademark lawsuits. Continue Reading Prosecution History Estoppel applies to trademark cases, confirms the Bombay High Court.

February 29, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 554Views 0Like

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This image depicts a prototype of word STOP being chained from both the sides. This image is relevant as this post is about Prosecution History E’stop’pel. Click on this image for more information

Prosecution History E’stop’pel!

This post was first published on 3rd September, 2014. All of us have experienced times when things don’t work the way we want them to when we really need them to. Exactly the same way, extended protection given to the patentee under the Doctrine of Equivalents (DOE) doesn’t always help you when you need it the most. Many a time, the application has to be amended in order to accommodate the Patent Law requirements, which is called the Prosecution History or File-Wrapper.…

July 25, 2019 BananaIP Reporter Intellectual Property, Patents 0Comment 800Views 0Like

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Merry Christmas, Christmas patents, Santa Drones, Seminar on Innovation and IP, MSF v. Gilead, Fitness tracker patent dispute, Nokia and Huawei patent license agreement, GCC payment system becomes operational, Prosecution History Estoppel, Patent Tip of the Week and other Weekly Patent News.

“Merry Christmas, Christmas patents, Santa Drones, Seminar on Innovation and IP, MSF v. Gilead, Fitness tracker patent dispute, Nokia and Huawei patent license agreement, GCC payment system becomes operational, Prosecution History Estoppel, Patent Tip of the Week and other Weekly Patent News,” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm. Patent Fact of the Week In the mid-1800s France gave out an important patent in photography for free as a gift to the world…

December 25, 2017 BananaIP Reporter Intellectual Property, Patents 0Comment 717Views 0Like

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Prosecution History Estoppel

Patent prosecution is an iterative process and it is during this process that the applicant often changes the language of their proposed claims. 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. It has received a great deal of attention…

November 27, 2015 BananaIP Reporter Intellectual Property, Patents 0Comment 2620Views 0Like

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Prosecution History Estoppel applies to trademark cases, confirms the Bombay High Court.

Prosecution History E’stop’pel!

Merry Christmas, Christmas patents, Santa Drones, Seminar on Innovation and IP, MSF v. Gilead, Fitness tracker patent dispute, Nokia and Huawei patent license agreement, GCC payment system becomes operational, Prosecution History Estoppel, Patent Tip of the Week and other Weekly Patent News.

Prosecution History Estoppel

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