Claim Drafting: Avoiding Disclosure-Dedication


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; the unclaimed subject matter is dedicated to the public. It is essential that patent prosecutors keep this rule in mind when drafting claims and preparing the written description of the invention.