disclaimer

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.

A disavowal; a renunciation; as, for example, the act by which a patentee renounces part of his title of invention. Of Estates. The act by which a party refuses to accept an estate which has been conveyed to him. Thus, a trustee is said to disclaim who releases to his fellow trustees

A disavowal: a renunciation; as. for example, the act by which a patent e renounces part of his title of invention. Of Estates. The act by which a party refuses to accept an estate which has been conveyed to him. Thus, a trustee is said to disclaim who releases to his fellow-tru his estate, and relieves himself of the trust: 1 Hill. R, P. ■■•.•"•!: Watson v. Watson, 13 Conn. 83; Jackson v. Richards, 8 Cow. (N. 17. Of Tenancy. The act of a person in pos- & M. 672. An affirmation, by pleading or otherwise, in a court of record, that the reversion is in a stranger. It works a forfeiture of the lease at common law; Co. Litt. 251; 1 Cruise, Dig. 109; but not, it is said, in the United States; 1 Washb. R. P. 93. Equity will not aid a tenant in denyin his landlord's title; Peyton v. Stith, 5 Pet. (U. S.) 486, 8 L. Ed. 200. In Patent Law. A declaration in writing, filed under the patent laws, by an inventor whose claim as filed covers more than that of which he was the Original inventor, renouncing such parts as he does not claim to hold. See Patent. In Pleading. A renunciation by the defendant of all claim to the subject of the demand made by the plaintiff. In Equity. It must, in general be accompanied by an answer; Ellsworth v. Curtis, 10 Paige, Ch. (N. Y.) 105; 2 Russ.45S; 2 Y. & C. 546; Worthington v. Lee, 2 Bland, Ch. (Md.) 678; and always when the defendant has so connected himself with the matter that justice cannot be done otherwise; 9 Sim. 102. It must renounce all claim in any capacity and to any extent; Bentley v. Cowman, 6 G. & J. (Md.) 152. It may be to part of a bill only, but it must be clearly a separate and distinct part of the bill; Story, Eq. PI. § 839. A disclaimer may, in general, be abandoned, and a claim put in upon subsequent discovery of a right; Cooper, Eq. PI. 310. At Law. In real actions, a disclaimer of tenancy or estate is frequently added to the plea of non-tenure; Littleton § 391; Porter v. Rummery, 10 Mass. 64. The plea may be either in abatement or in bar; Prescott v. Hutchinson, 13 Mass. 439; Olney v. Adams, 7 Pick. (Mass.) 31; as to the whole or any part of the demanded premises; Stearns, Real Act. 193. At common law it is not pleaded as a bar to the action, nor is it strictly a plea in abatement, as it does not give the plaintiff a better writ. It contains no prayer for judgment, and is not concluded with a verification. It is in effect an offer by the plaintiff to yield to the claim of the demandant and admit his title to the land; Stearns, Real Act. 193. It cannot, in general, be made by a person incapable of conveying the land. It is equivalent to a judgment in favor of the demandant, except when costs are demanded; Prescott v. Hutchinson, 13 Mass. 439; in which case there must be a replication by the demandant; Favour v. Sargent 6 Pick. (Mass.) 5; no formal replication is requisite; Bratton v. Mitchell, 5 Watts (Pa.) 70. See 1 Washb. R. P. 93.

The repudiation or renunciation of a right or claim vested in a person or which he had formerly alleged to be his. The refusal, waiver or denial of an estate or right offered to a person. The disavowal, denial or renunciation of an interest, right or property imputed to a persen or alleged to be his. Also the declaration or the instrument, by which such disclaimer is published. Moores v. Clackamas County, 40 Or. 536, 67 Pac. 662. Of estates. The act by which a party refuses to accept an estate which has bcen conveyed to him. Thus, a trustee is said to disclaim who releases to his fellow-trustees his estate, and relieves himself of the trust. Watson v. Watson. 13 Conn. 85; Kentucky Union Co. v. Cornett, 112 Ky. 677, 66 S. W. 728. A renunciation or a denial by a tenant of his landlord's title, either by refusing to pay rent, denying any obligation to pay, or by setting up a title in himself or a third person, and this is a distinct ground of forfeiture of the lease or other tenancy, whether of land or tithe. See 16 Ch. Div. 730.

In pleading. A renunciation by the defendant of all claim to the subject of the demand made by the plaintiff's bill. Coop. Eq. PI. 309; Mitf. Eq. PL 318.

In patent law. When the title and specifications of a patent do not agree, or when part of that which it covers is not strictly patentable, because neither new nor useful, the patentee is empowered, with leave of the court, to enter a disclaimer of any part of either the title or the specification, and the disclaimer is then deemed to be part of the letters patent or specification, so as to render them valid for the future. Johns. Pat. 151.

A denial, disavowal or renunciation of a title or claim; the relinquishment or waiver of an interest or estate. Disclaimer in equity: renunciation, by answer, of all claim to the subject of the demand made by the bill. Disclaimer of an estate: a refusal to accept an estate to which a person is entitled. In English laiv. Disclaimer of tenure: a disavowal of tenure by a tenant in an action to recover services.

The repudiation or re nunciation of a right or claim vested in a person or which he hail formerly alleged to ba his. The refusal, waiver, or denial of anesfate or right offered toa person. ‘The disavowal, denial, or renunciation of an interest, right, or property imputed to a person or alleged to be his. Also the declaration, or the instrument, by which such disclaimer is pullished. Of estates. The act by which a party refuses to accept an estate which haz been conyeyed to him. Thus, a trustce is said to disclaim who releases to his fellow-trustees his estate, and relieves himself of the trust. 1 Hil. Real Prop. 354; 13 Conn. 83. A renunciation or a denial by a tenant of his landlord’s title, either by refusing to pay rent, denying any obligation to pay, or by setting up a title in himself or a third person, and this is a distinct ground of forfeiture of the lease or other tenancy, whether of land or tithe. See 16 Ch. Diy. 730.

In pleading. A renunciation by the defendant of all claim to the subject of the demand made by the plaintiff's bill. Coop. Eq. Pi. 309; Mitf. Eq. Pl. 318.

In patent law. When thetitleand specifications of a patent do not agree, or when part of that which it covers is not strictly patentable, because neither new nor useful, the patentee is empowered, with leave of the court, to enter a disclaimer of any part of either the title or the specification, and the disclaimer is then deemed to be part of the letters patent or specification, 30 as to render them valid for the future. Johns. Pat. 151.

The act, declaration, or document by which a person denies, disavows, or renounces some interest or right which he formerly claimed, or which has been imputed or offered to him.i 1. In feudal law, when a tenant neglected to render services, and, upon an action brought to recover them, disclaimed to hold of the lord. In a court of record, a forfeiture of the lands to the lord.2 When the tenant, upon a writ of assize of rent, or on a replevin, disavowed his tenure, whereby the lord lost the verdict, the lord could thereupon have a writ of right, sur disc Uwner; and, upon proof of the tenure, recover the land as a punishment to the tenant for his false disclaimer. = A disclaimer must be a renunciation by the party of his character of tenant, by setting up a title in another or by claiming title in himself.* 3. A formal mode of expressing a grantee's dissent to a conveyance before the title has become vested in him. 5 Prevents the estate from passing from the grantor.^ It is essential that the estate disclaimed would vest but for the disclaimer, unless there be an express condition that the grantee shall elect." Filed in an action to try title to land, admits thg plaintiff's title; and entitles the defendant to his costs, unless he was in pdssessipn when the suit was brought. ^ 3. Renunciation of what is or seems to be part of a patentee's claim for invention, and as to which he has no valid claim. Wherever, through inadvertence, accident, or mistake, and without any willful default or intent to defraud or mislead the public, a patentee in his specification has claimed more than that of which he was the original and first inventor or discoverer, his patent is valid for all that part which is truly and justly his own, provided the same is a material and substantial part of the thing patented, and definitely distinguishable from the parts claimed without right; and the patentee, upon seasonably recording in the patent ofdce a disclaimer iu writing of the parts which he did not invent, or to which he has no valid claim, may maintain a suit upon that part which he is entitled to hold, although in a suit brought before the disclaimer he cannot recover costs. A reissued patent is within ■ the letter and spirit of these provisions.^ ' [Abbott, Law Diet.] ! [2 Bl. Com. 275. a 3 Bl. Com. 233. < Williams v. Cooper, 39 E. C. L. 384 (1840), Tindal, Chief Justice. 5 n^atson V. Watson, 13 Conn. 85 (1839). « Jackson v. Richards, 6 Cow. 630 (1827). ' Wootters v. Hall, 67 Tex. 513 (1887); Presoott v. Hutchinson, 13 Mass. *442 (1816). 8 Gage V. Herring, 107 U. S. 646 (1883), cases. Gray, J.; Drawings cannot be used, even on an application for a reissue; * much less, on a disclaimer, to change the patent, and make it embrace a different invention from that described in the specification." See Issue, 1. 4. When a defendant denies that he has or claims any right to the thing in demand by the plaintiflE's bill, and disclaims, that is, renounces, all claim tliereto.' Where the defendant renounces all claim to the subject of the demand, made by the plaintiff's bill.* Distinct in substance from an answer, although sometimes confounded with it; and it can seldom be put in without an answer.*

A denial, abaudoment; a waiver of a claim, a refusal to accept an estate or trust. A disclaimer of tenure, made by a tenant in a suit for rent or services, forfeited his estate. In equity pleading, an abandonment of all claim to the subject of the plaintiff's demand.

[from dis, priv. and Fr. clamor, to claim; L. Lat. disclaimium, disclamatio, disadvocatio.] A denial, disavowal or renunciation of a title or claim; the relinquishment or waiver of an interest or estate. Disclaimer of tenure in English law, is where a tenant, in an action to recover services, disowns his tenure or disclaims to hold of his lord, which occasions a forfeiture of his estate. 2 BL Com. 275. 3 Id. 233. 1 Steph. Com. 431. Term£s de la ley. 3 Beeves' Hist. 457. And in American law, a tenant disclaiming his landlord's title, and claiming the fee himself, is considered as a trespasser and may be ejected. 18 Peters' R. 1. 14 Id. 156* Disclaimer of an estate is the refusal to accept an estate to which a person is entitled. There can be no disclaimer of an estate by the curtesy. 1 Hilliard's Real Prop. 116, and cases cited ibid. Disclaims in equity is where a defendant by his answer renounces all claim to the subject of the demand made by the plaintiflf^s bill. Story's Equity PI. § 838. A disclaimer is distinct in substance from an answer, though sometimes confounded with it. But it can seldom be put in without an answer. Id, ibid. Mitford's Chant. PI. 318, (378, Moulton's ed. and notes.)

estates, is the act of a party by which he refuses to accept of an estate which has been conveyed to him. Vide Assent; Dissent. Itis said, that a disclaimer of a freehold estate must be in a court of record, because a freehold shall not be divested by bare words, in pais. Cruise, Dig. tit. 32, c. 26, s. 1,2. Vide 8 Vin. Ab. 501.