disclaimer statute
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 294 U.S. 477 - Altoona Publix Theatres, Inc. v. American Tri-Ergon Corp. · 1935Most cited · 768 citing opinions
scope
While this statute affords a wide scope for relinquishment by the patentee of part of the patent mistakenly claimed, where the effect is to restrict or curtail the monopoly of the patent, it 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.
How often courts cite the cases defining “disclaimer statute”
Court decisions citing the 2 opinions that defined “disclaimer statute” — 1,286 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 · 1935–1936
The disclaimer statute is remedial, and intended for the protection of both the patentee and the public.