What is claim scope disavowal?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Disavowal of Claim Scope Must Be Clear and Unmistakable MPEP 2111.01 Requirement for Clear Disavowal of Claim Scope MPEP 2111.01 Permitted Disavowal Must Be Clear and Unmistakable MPEP 2111.01 Disavowal by Implication in Specification MPEP 2111.01 Permitted Claim Terms Must Have Plain Meaning Unless Inconsistent With Specification MPEP 2111.01 Required Path for Determining Plain Meaning vs Special Definition MPEP 2111.01 Permitted Specification May Include Intentional Claim Scope Disavowals MPEP 2111.01 Permitted Claim Term Ordinary Meaning Not Modified MPEP 2111.01 Plain and Ordinary Meaning of Claim Terms MPEP 2111.01 Applicant Must Define Claim Terms Differently MPEP 2111.01 Required Other Related FAQs 5 FAQs Collapse Can extrinsic evidence be used to interpret patent claim terms? What is the &#8220;ordinary and customary meaning&#8221; in patent claim interpretation? Can an applicant be their own lexicographer? What is the &#8220;plain meaning&#8221; of a claim term? How does the specification affect claim interpretation?