Study On The Interpretation Of Patent Claims

Patents to rely on "claims" to the patentee the right to set aside the boundaries of their own, if had determined other people entered this scope without permission, the right infringement have the possibility to establish. The purpose of the establishment of the patent system is to provide maximum protection for the patentee without compromising the interests of the public, therefore, how to determine the precise delineation of the patent claims is directly related to the scope of the patent and the mass balance of interests. The patent claims contained in the patent claims'book, in a professional and concise language to the public, accurate and appropriate interpretation of the patent claims is to determine the scope of the patent protection of the rights of vital importance. This paper will start with a patent infringement case around the patent claims to explain the theory to explore the work of China's patent practice, the need to improve and perfect aspects to improve their theoretical level, while the patent practice of our work can offer a few suggestions. This paper is divided into five parts.The first part is from the case profiles, thrust and judgments of the issues needed to be examined three aspects of starting, through a patent infringement case, the analysis shows that the interpretation of patent claims in the trial of the important role of the practice as a way to elicit the question of this paper.The second part is the patent claims to explain the necessity and rationality. First, by comparing the interpretation of patent claims and the legal interpretation of the contract to explain the similarities and differences to determine its nature and determination of the nature of the patent infringement litigation is necessary. The focus in the second half of this section shows that the role of the patent claims is an indication of the scope of the patent protection of the rights to its patent infringement determination, as well as the importance of the review to clarify the interpretation of the claims of the necessity and reasonableness.The third part is the patent claims to explain the methods and the basis of the information, the patent claims are mainly two kinds of interpretation the literal interpretation and the purpose interpretation, explained that the patent claims are based mainly on description and drawings are included. Paper, respectively, the two parts are discussed.The fourth part is more developed by summing up the patent system in several countries to explain the principles of the patent claims of the historical development of comparative history has witnessed the emergence of the three principles of interpretation, Central definition principle, peripheral definition principle and compromise principle, and by analyzing the shortcomings of the first two principles come to a number of countries including China to compromise the principles of rationality.The fifth part is to improve the interpretation of our patent claims proposals, separately from the content of laws and regulations, the scope and functioning of the courts to interpret the work of literacy and other related personnel to talk about three aspects of our existing patent system, on the interpretation of patent claims the system inadequate, and put forward its own comprehensive proposals.