The Analysis On The Limited Functionality Features In Patent Claims

In recently years, with the approval of the State Intellectual Property Office and the sharp increase in the number of patents, more and more applications appear in the file characteristics of the functional limit. "Limited functionality features" contained in the right to request a review has been a difficult in the patent administrative review, and procedures in the patent invalid and infringement proceedings on the "limited functionality features" claims have been understood and explained there are differences. Especially in recent years, Computers, microelectronics, information and communication technology develops rapidly and a large number of foreign patents introduce, so a patent claim to "limit the functional characteristics" has become even more frequently. Countries legislation and practice are different between the claims and the "limited functionality features", Therefore "limited functionality features" of the patent examination and patent infringement cases have also shown a corresponding growth., Above all, how to explain the "limited functionality features" and precisely define "limited functionality features" can not be ignored, it is directly related to the patent applicant and the immediate interests of the parties of infringement.The body of this article was divided into four chapters.The first chapter is a "limited functionality features" overview. Firstly, the article introduces the "limited functionality features," meaning, then the article introduces the how to identify "limited functionality features", the last of the article analyses the causes of " limited functionality features" and the applications in different fields, including the different application of "functional limit the feature" in the mechanical field, chemistry, electrical and information technology.The second chapter discusses the problem of the interpretation about the "limited functionality features". The article firstly introduces the "limited functionality features" interpretation of the claims and the specification of the relationship, and then expound the "limited functionality features" principles of interpretation, mainly includes the academic principles of communication that limit peripheral, central limit the principles and compromise principles, and finally introduces three different ways to explain the "functional limit feature". The third chapter is from the allowed condition, the instructions needed to be supported or not, interpreted in different ways introduced the "Patent Cooperation Treaty", the United States and China on "limited functionality features" of the legislation, while legislation in different countries made a comparative research and analysis, and pointed out the merits of legislation worthy of to learn from.The fourth chapter of "limited functionality features" analysis of legislative malpractice, that our country to the "limited functionality features" in the permit conditions, the relationship with the instructions to explain the standards are not uniform, and a review of methods in these areas problems for these areas at the same time put forward the relevant recommendations of the author himself.Conclusions section reviews the main content of this article, and I summarized the main points and recommendations.