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Generally, to overcome the clarity objections and distinguish
the invention from the prior art, disclaimers in claims are
incorporated. Usually in India, incorporation of undisclosed
disclaimer in claims is always questionable and hence there is an
uncertainty regarding the allowance of undisclosed disclaimers.
Allowance of Disclaimers in Patent Application by Neetu
Kumari
Article was 1st published in the Patent Lawyer (CTC
Media)
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
