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.