Prosecution history estoppel in the UK?

Perkins, Amanda (2000) Prosecution history estoppel in the UK?. Patent World, 121 18-21.

Author Perkins, Amanda
Title Prosecution history estoppel in the UK?
Journal name Patent World   Check publisher's open access policy
ISSN 0950-2513
Publication date 2000-04
Sub-type Article (original research)
Volume 121
Start page 18
End page 21
Total pages 4
Editor Kelly Robson
Place of publication London, UK
Publisher Informa Law
Collection year 2000
Language eng
Subject C3
390119 Equity Law
750599 Justice and the law not elsewhere classified
Formatted abstract
The doctrine of 'prosecution history estoppel' (PH estoppel) as developed in the United States has strong intuitive appeal, especially when applied to counterbalance a related patent law principle, the doctrine of equivalents. The doctrines are receiving increasing attention in US patent decisions, to the point where one patent litigator recently compared them to "two cars that keep bumping fenders. They are frequently returned to the shop for repairs". Could PH estoppel find its way into UK patent law? This article briefly examines the doctrine, its evolution in the US and the problems associated with importing the doctrine into the UK. As the EU legislation stands, Article 69 and the Protocol to the European Patent Convention (EPC) pose serious obstacles to using the doctrine directly in claim construction. However there appears to be some scope to apply the doctrine as a limited form of defence in infringement actions.
Q-Index Code C3

Document type: Journal Article
Sub-type: Article (original research)
Collection: TC Beirne School of Law Publications
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Created: Tue, 10 Jun 2008, 11:31:30 EST