Legal Definitions - prosecution-history estoppel

Definition:Prosecution-history estoppel is a legal doctrine that limits a patent holder's ability to claim infringement by eliminating from the patent claims any elements that the holder surrendered or abandoned during the patent application process.

Example: Let's say a company applies for a patent on a new type of widget. During the application process, the company argues that their widget is different from existing widgets because it has a specific feature. The patent is granted, but later another company creates a widget with a similar feature. The first company cannot claim infringement based on that feature because they surrendered it during the patent application process.

This example illustrates how prosecution-history estoppel limits a patent holder's ability to claim infringement based on elements they surrendered or abandoned during the patent application process.