Research On Interpretation Of Means-Plus-Function Limitation

Means-plus-function limitation plays an important role in patent drafting, by which a plenty of claims define the protection scope thereof. Many discussions have been taken regarding how to interpret means-plus-function limitation. This paper tries to analyze this issue and make some proposals from the viewpoint of interests balance.There are four parts in this paper.Chapter I: Overview of claims with means-plus-function limitation. In order to compressively understand means-plus-function limitation, it is started with the overview of claim and description using conception analysis, then followed by the conception and connotation of means-plus-function limitation. In order to interpret means-plus-function limitation, it reviews three interpretation method for claims and further presents the analysis on the present interpretation method for means-plus-function limitation and the historic development thereof.Chapter II: Comparative study on means-plus-function limitation. It states the stipulation of means-plus-function limitation in other country, organization by comparative study, such as United States, European Patent Office, World Intellectual Property Organization, wherein it focuses on the representative US practice.Chapter III: Problems of means-plus-function limitation in China. From three real typical cases, it analyzes the legislation and practice on means-plus-function limitation by empirical analysis and provides material for the interests balance analysis in Chapter IV. Chapter IV: Application of interests balance analysis on claims with means-plus-function limitation. It states the interests balance theory firstly, then interprets the current judicial interpretation from multiple viewpoints such as meaning interpretation, comparative interpretation, historic interpretation and legislative intent interpretation, and lastly details the rationality of interpretation methods in different judicial procedures and provides specific suggestions.