Claim Drafting: Avoiding Disclosure-Dedication

Summary

This practice note discusses the disclosure-dedication doctrine and how it can be avoided by careful drafting of the patent claims and specification. The disclosure-dedication doctrine refers to the rule that applies when a patent drafter discloses but does not claim subject matter. In this situation, the unclaimed subject matter is dedicated to the public and cannot later be used to support an argument under the doctrine of equivalents. It is essential that patent prosecutors keep this rule in mind when drafting claims and preparing the written description of the invention.