Markush Claims In The Field Of Chemistry

Markush claims are widely applied in patent application of chemistry field.Applicants adopt the chemical common equation to protect compound and obtain thegreater rights protection range. Since the Markush claim is a succinct summary, it treatsparticular in patent examination and judicial decision.Based on special circumstances of chemical rights, this article investigates theaccording standard of Markush claims during the patent examination and explanationmethods of Markush claims during rights litigation. Through combining the principle injudicial trial and foreign rights case with the local practice, this article provides theperfect guidance of Markush claims in chemical patent of examination and judicial trial.This article consists of three parts.The first part analyzes the common character of chemical invention: complex contents,difficulty in characterizing products, weak prediction of technical solution, undefined usageof products. The article then illustrates the particular character of Markush claims in patentexamination and judicial decision: Markush claims cover uncertain specific compoundstructure and quantity, the specific mode for carrying out the invention or utility model onlymake public of certain compound, and when one specific compound falls in the scope of aMarkush claim, it not necessarily constitutes infringement.The second part analyzes the examination standards of Markush claims. From theformat and essence condition of granting parent rights, it explores the specificexamination standards of the description, claims and amendments, it explains the novelty,invention step and practical applicability of Markush claims.The third part analyzes the claim interpretation and patent infringementdetermination of Markush claims in judicial trial. It compares common principle andmethod in different countries and special treatment of Markush claim interpretation. From the omnidirectional coverage principle and the doctrine of equivalent, it analyzesthe infringement determination of Markush claims.