The Explantations In Relation To Rights Under The View Of The Judgments Of Patent Evfringements

With the implementation of China’s intellectual property, the development of intellectual property has been obtained more and more attention among people. Patent system as an important system of intellectual property should be deserved attention. Patent is not only the the important basis for protecting the patentee’s patent but also the patent is an important indicator to measuring a country’s development in relation to patent. Taking the patent should be explained as a clue in this article, define the concept and nature of patent, make a analysis of the subjects, discusses the principles and criteria of interpretation. Finally, in order to achieve a greater development of China’s independent patent achievements, the author will give suggestion based on our country’s current status of legislation. This paper is divided into four parts:Part one:the author will provide a theory basement to patent right in relation to interpretation and define the concept and nature of patent right in relation to interpretation and make a conclusion that the court is the perfect subject to explain the paten right, also make a necessary analysis, thus, the patent right should be explained is the unremitting power of the development of the patent system.Part two:the author will discuss the principles of the patent right should be explained, in the meanwhile, make a introduction in relation to "prescribe a limit to the circum, prescribe a limit to the center, eclectic principle, etc." and provide the usual explain method in relation to the patent should be explained.Part three:the author will make a introduce the judgment method in relation to the patent should be explained. Under the circumstance of different judgment principles, whether constitutes the infringement to the patent or not will have different legal results.Part four:the author will give impeccable legal suggests based on our country’s current status of legislation with the situation of legislative blank.