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In patent law, a disclaimer identifies, in a claim, subject-matter that is not claimed. [2] By extension, a disclaimer may also mean the action of introducing a negative limitation in a claim, i.e. "an amendment to a claim resulting in the incorporation therein of a "negative" technical feature, typically excluding from a general feature specific embodiments or areas". [3]
This is a list of abbreviations used in law and legal documents. It is common practice in legal documents to cite other publications by using standard abbreviations for the title of each source. Abbreviations may also be found for common words or legal phrases.
The 1st century letter of Saint Paul to the Corinthians (specifically 2 Corinthians 3:6) refers to the spirit and letter of the law. Though it is not quoted directly, the principle is applied using the words "spirit" and "letter" in context with the legalistic view of the Hebrew Bible. This is the first recorded use of the phrase.
Possibly the earliest mention of patent disclaimers was in the British "Letters Patent and Trademark Amendment Act 1835", in the sense of a right to renounce one's patent monopoly or a part thereof. [5] That right was subject to safeguards to make sure that the disclaimer was a true renunciation, rather than an extension of the monopoly. [5]
It is often applied as a disclaimer in situations in which the information to which it is applied is relatively fast-moving. In legal terms, it seeks to make a statement that information cannot be relied upon, or may have changed by the time of use. It is regularly used in accounting, to "excuse slight mistakes or oversights." [2]
An email disclaimer is a disclaimer, notice or warning which is added to an outgoing email and forms a distinct section which is separate from the main message. [1] [2] The reasons for adding such a disclaimer include confidentiality, copyright, contract formation, defamation, discrimination, harassment, privilege and viruses. [3]
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Under United States patent law a prosecution disclaimer is a statement made by a patent applicant during examination of a patent application which can limit the scope of protection provided by the resulting patent. It is one type of file-wrapper estoppel, the other being prosecution history estoppel.