Theory "were Used To Characterize The Product Claims To" Determine The Scope Of Protection

The particularity of the "product-by-process claim" is that it's form is differentfrom general product claim: "product-by-process claim" protect a product, whereas ituses process to describe the product. This particularity causes argument when peoplejudge and decide the extent of protection of the claim. One viewpoint named"narrow-interpretation" — people who agree with this point think the extent ofprotection of the claim is limited by the process, the other viewpoint named"broad-interpretation" — people who agree with this point think the process are only away to describe the product, and in determination of the extent of protection of theclaim, it is appropriate to ignore the process limitation. In this article, the authorcompares and analyses these two viewpoints, and finally concludes — the latterviewpoint can better embody legislative intention, meantime benefit practice of patentexamination and dispute process.