What is claim scope disavowal?

Claim scope disavowal, also known as disclaimer of claim scope, occurs when an applicant clearly disavows the full scope of a claim term in the specification. The MPEP explains, “Disavowal, or disclaimer of claim scope, is only considered when it is clear and unmistakable.” (MPEP 2111.01)

Disavowal can be made explicitly or by implication. For example, if the specification contains only disparaging remarks about a feature and every embodiment excludes that feature, it may be considered an implicit disavowal of broader claim scope including that feature.

To learn more:

• claim scope
• disavowal
• disclaimer
• patent claims