The Interpretation Of The Patent Claim

Patent claim explanation is the most core of the whole operation process of the patentsystem and throughout the course of its operation.In the patent practice around theworld,the interpretation of the right to ask is the most widely used in the patentinfringement,which links of patent ownership dispute.Patent infringement is a dynamic,concrete process.It is based on defining the scope of protection of the patent right.How todetermine whether the accused infringing products or methods causes infringement,inthat,define the patent range of the product or method first,and then through the comparisonof the two claim,which concluds that if it fell into the original scope of protection of thepatent right.A patent infringement lawsuit requires the patent holder in the possession ofpatent.But the patent right,as a kind of intangible property,its protection scope is subject tothe patent claim content,which is in the written expression,so the right scope is not as clearas tangible property rights range,even sometimes unstable.Therefore, how to interpret theclaims is a key issue in the determination of a reasonable patent protection scope."To the public in return for protection" is the core concept of the patentsystem.Consideration must be given to both function,which are protection andpublicity,in the process of the patent system running.The explain balance is inclined toprotect the patentee or tend to safeguard the rights and interests of the public,is also one ofthe important factors that decides the interpret dimension.Therefore, in the process ofpatent infringement determination, it is necessary to explore how to apply the principle ofclaim explanation and interpretation method flexibly,and clear the effectiveness of varioustypes of evidence,so as to seek for a balance between the patentee personal interests andsocial long-term development.This essay is based on our current patent system.It the writer researches some relatedtheory,that is how to determines patent infringement through explain the patent claims in developed countries,in order to interpret the claim explanation rules which conforms to thereality of our country.