disclaimer
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 282 U.S. 445 - Ensten v. Simon, Ascher & Co. · 1931Most cited · 238 citing opinions
The statute is remedial; the intent is to aid the inventor free from wilful default or intention to mislead the public by permitting him to avoid the consequence of inadvertence, accident or mistake through prompt disavowal of the apparent right to exclude others from something improperly included in the words of his grant.
How often courts cite the cases defining “disclaimer”
Court decisions citing the 2 opinions that defined “disclaimer” — 432 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 2 definitions, chronological · 1931–1942
the disclaimer statute does not permit the addition of a new element to the combination previously claimed, whereby the patent originally for one combination is transformed into a new and different one for the new combination
patent