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The Interpretation Of Patent Claims

Posted on:2009-12-04Degree:MasterType:Thesis
Country:ChinaCandidate:W JieFull Text:PDF
GTID:2206360248950959Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The patent claim is one of the important documents patent applicant hands on to the administrative department of patent. The extent of actual protection covered by a patent lies on the development process of claims as well as the interpretation process to the claims. Interpretation with respect to the claims from the administrative department and court runs through both the formation process and interpretation process of the claims which not only determines the protection extent of the patent owner but also plays role in the defending of the accused tortfeasor. There are currently four types of interpretation which are literal interpretation, equivalent interpretation, function restricted interpretation and differentiation interpretation with reference to the interpretation of the claims. The contemporary research of the claims interpretation in our country inadequate and this paper tries to conduct research on methods of claims interpretation based on foreign advanced trial experience.The first part starts with the necessity of patent claims and its interpretation. The claims handed by patent applicant is the thrust of discretion of patent protection extent from the administrative department, and the judge's interpretation concerning the claims has a final say to whether the accused technical traits of patent disputes are safeguarded under the protection extent or not thereby modern patent law is nicknamed as name of claims when western scholars mentioned the patent law. After this, subject, tool and foundation of interpretation are discussed in the angle of legal methodology. It is common in the distinct protection extent inasmuch as the patent protection extent is ascertained by two different organs which are the inspector from the Patent Office and judge from the court. If protection extent determined by the Patent Office was viewed as extent of the claims and that by the court was regarded as protection extent, harmonious agreement of these two could be reasonably efficient in publication in legal practice. Therefore, it is necessary to study the interpretation of the claims. The premise of claims interpretation includes inside groundwork and outside foundation. Inside groundwork produced from the patent application process comprising specification book, claims and attached drawing. And outside foundation contain expert and inventor's attestation, dictionary, academic paper and former technology not cited in the censorship documents. One issue shall be explicated in the application of outside foundation is that outside foundation shall be cited when inside basis could not explain the dispute article of the claims although it is useful in the understanding the related technical traits of the claims.The second part details the 4 fundamental principles of claims interpretation .literal interpretation principle is the basic principle of claims interpretation. The claim demonstrates technical characteristics expressed by patent applicants in literal form. To confirm the patent protection extent shall be established in the literal information articulated from the claims, introduction and attached drawing. Equivalent interpretation and equivalent principle to judge infringement come into being at the same time. The verdict of accused technology and patent technology will be with the using of equivalent interpretation always. However, the means-plus-function interpretation and differentiation interpretation don't exist in every infringing case. The principle of means-plus-function interpretation will be put into use only when the means-plus-function statement appears in the right claims paper.The third part begins in the view of comparative law, introducing how to interpret the claims in judicial practice in Japan, America and EU, as well as there are many distinctive interpretation principles in these countries. In Japan, patent owner tends to adopt literal interpretation and holds prudence in the equivalent interpretation by reason of more valuing the public interest. American patent system is comparatively mature thereby literal, equivalent and means-plus-function interpretations are extensively appreciated and exercised among the judicial circle. Purpose interpretation is particular in determining the patent cases with many disputes in England and is similar to the equivalent interpretation in terms of function. And the means-plus-function interpretation is not paid much attention to by the English judicial realm. Based upon separation of patent protection extent and the claims, German follows the principle that do not stick to the words in the claims and to pay attention to the technical significance of invention in terms of literal interpretation and its courts regard that equivalent application beyond the literal indication of the claims is under the protection extent of patent. This part particularly emphasizes on analyzing the system diversity of different countries to research into the institutional reasons which cause the diversity, the policy tendency of legislation, developing difference between politics and economy.The last part is about the comments on interpretation with regards to patent claims and legislation suggestions in our country. The claims interpretation in our judicial practice adopts tri-angle structure including literal, equivalent and means-plus-function interpretations. The application of means-plus-function interpretation is restricted. Inside evidence is in priority in literal interpretation. The construction of China's Intellectual property system is still in starting time. Under the circumstance of World economic and trade integration, exterior pressure compels us to improve our legal system construction to suit the international practice. The fundamental purpose is to protect our intellectual property system. How to interpret the claims relates to the judging criterion in numerous patent infringing dissensions. Courts in our country should establish the principles of literal interpretation, Equivalent interpretation, means-plus-function interpretation and distinguishable interpretation and also should be cautious to use other interpretations such as intention interpretation and so on.
Keywords/Search Tags:claim interpretation, literal interpretation, equivalent interpretation, differentiation interpretation, purpose interpretation, means-plus-function interpretation
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