A Research On Interpretation Rules Of Means-plus-function Limitation

When western scholars speak of the patent law, modern patent law is called the"the name of the game is claim".So,we can see the importance of claims in patent system.Claim is the technology program summary ,that the patent applicant asks for the protection, and is the basis for determining the scope of patent protection.Generally speaking, when writing claims, product claims are limited with a specific structure,and method claims are limited with concrete steps. This claim is clear and easily defined, and is relatively clear compared to existing technology. However,it is difficult or impossible to describe the specific structure or concrete steps for some products or methods in some cases,or with the functional expression is more clear and accurate to express idea of the inventor of the technology than with a specific structure or concrete steps to define. The introduction of functional limitation is necessary.Functional limitation does not limit the invention with the specific structure or concrete steps ,but with purpose or effect that a specific structure or concrete steps can achieve. Literally, functional limitation include every specific implementations that perform a specified function,so that expands the scope of patent protection. On the contrary there is a claim interpretation , that such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof,to narrow the expanding scope.So,there are two opposite ways to interpret claims of functional limitation. In the patent examination process and patent infringement proceedings, application of different rules of interpretation on the functional limitation will cause different influence on patentee and the publics. There is a dispute on rules of interpretation of functional limitation.Consequently,the author think it has a great theoretical significance and realistic Significance that do a research on rules of interpretation of functional limitation. This thesis content 4 chapters. The first chapter describes the basic theory related to functional limitation. Claims , functional limitation and rules of interpretation of functional limitation were briefly discussed. The second chapter analyses three typical cases about interpretation of functional limitation. Put forward our current problems through analysis of the two typical cases in patent examination process and patent infringement proceedings.And through analysis of In re Donaldson case U.S, we can know that our current problems is very similar to the previous situation with the United States, from which we can know that we should draw on the experience.The third chapter uses a comparative law analysis methods to analyse the difference systematically between U.S and China. Thus obtain the patent practice experience.The fourth chapter,through discussion of the foregoing chapters, the author put forward the recommendations for our interpretation problems of functional limitation.