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In this Article, we mainly aim to focus on the term so-called “Prosecution History Estoppel” basically for purposes of clarifying its significant role to be exploited as a defense tool against patent infringement claims specifically based on “doctrine of equivalents”. The rationale of this term has been incorporated in Turkish Industrial Property Code No.6769 under Article 89/6 and it is being exercised in patent infringement cases where the patent owner attempts to broaden the scope of patent claims despite the fact he/she has already narrowed down them during or after the prosecution of the patent application or where the patent owner makes contradictory comments or constructions that would resurrect subject matter previously surrendered during prosecution history of the patent application.

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