The Study Of The Patent Claims Interpretation

As a kind of intangible property,the scope of patent rights is difficult to be defined clearly,but as a monopoly, patent protection scope should be deterministic.Therefore, its scope is need to be defined by the law. Patent claimss is a good way to solve this problem. However, evev with patent claims, the problem is still exists. Words of patent claims can't be accurately express the specific technical proposals. Patent claims interpretation, is the key to define the scope of patent.Patent claims interpretation,should be studied as a system. The proceedings of patents granting, patent confirmed and the action for infringement of patent,should be studied as three interrelated stages. Patent claims interpretation is not a disorderly,but a logic system. Patent claims interpretation which is guided by the concept of balancing of interests, is in accordance with the principle of compromise, and uses a series of specific interpretation methods to explain the claims. Not just confined to the study of specific method,we should conduct in-depth research on the concept and principles of interpretation. Only in this way can make more in-depth studies, and it can provide better guidance for patent practice.This article is divided into four.Chapter one is the study of the basic problems of the patent claims interpretation.It mainly deals with the concept, subject,object and and the nature of patent claims interpretation. Clarifying these issues is the prerequisite and basis to interpret patent claims. Focused my research in the patent claims,which is the most important document of the patent system.Chapter two is the systematic study of the patent claims interpretation. The concept of balancing of interests runs through the whole process of claims interpretation. The principle of compromise, which helps make balance between patentees and the general public, is a compromise and balance on the peripheral claimsing principle and the center qualified principle.The literal interpretation method is the primary method of the claims interpretation.The equivalent interpretation method could make up the defects of literal interpretation, which is used to broaden the interpretation scope. Equal Principle, which focus on protecting the interests of the patentee,is the specific performance of equivalent interpretation method in the action for infringement of patent. Objective interpretation method, unique to the United Kingdom,which is also a method to broaden the interpretation scope, means to interpret the claims according to understanding meaning of the patentee by the technicians of this field. As for the special type claims, special interpretation rules should be used. The interpretation of means plus function claims should adopt specific plus equivalent interpretation.As for the interpretation of product-by-process claims,the limitation of the process should be clear.Chapter three is the comparative study of the patent claims interpretation. The U.S., the UK, Germany and Japan,where patent system is implemented early, have accumulated a lot of views and experience in practical operation. In addition to the study of the theory, empirical research is also be used, in order to improve the claims interpretation of China.Chapter four is the improvement measures about the patent claims interpretation. After sorting out the relevant legal documents,further probe into the of inadequate of the related rules and interpretation method, and then put forward improvement proposals.In the conclusion part, the main point of view of this article is summarised.