Discussion On The Interpretation Rules Of Means-plus-function Limitation

This article will begin with a patent infringement case. Taking the infringement dispute relating to a patent on SEB Co., Ltd. Sue Zhejiang Aishida Electric Co., Ltd. According to relevant theory of the patent claim interpretation; it also discusses the insufficiency, which exists in the process of patent practice. According to the first instance by the court,the technical proposal of Aishida’s pressure cooker infringe upon the patent right of SEB, and the patent number is ZL200510051142.1. However, the second instance by the court holds different views,that is to say, there is no patent infringement. The result of the second instance is very different from the first that which the thing charged with patent infringement. The key point is how to interpret the Means-plus-function Limitation accurately when we define the patent scope. The first and second instance hold the different interpretation standard and interpretation rule. So,it is important that the interpretation of patent claim is rightly as for judging a case correctly. Meanwhile, it shows the main point about this article, that is how to interpret the Means-plus-function Limitation accurately and judging infringement or not.This paper is divided into five parts.The first part is introducing the question. Talking from the case introduction, judgment of the court and the points of the case. Because of the different views from the first instance,the second instance and clients, at the same time, how to know the interpretation of patent claim is very important in the judicial practice,it will lead the issue about the article naturally.The second part is affirming the means-plus-function limitation. Referring to the general view of current academic achievement and practical achievement, it can draw a definition on the means-plus-function limitation. Combined with domestic legal precedent and foreign’s, to analyze the SEB’s case and offer some proposals.The third part is how to interpret the means-plus-function limitation.This part is the core of this article.First of all, from the perspective of jurisprudence,it must explain why should clients interpret it,and know the current situation about the interpretation rules,especially including administrative and judicial departments.In addition, it respectively expounds the interpretation rule,that is to say the concrete implementation plus equivalent implementation and equivalent principle.Finally, combined with the case and clients’ views, to estimate some limitations from the judgement.The fourth part is to introduce the law in America and Japan about the interpretation rules. From analysis of the US and Japan experience and the development of history concerning the interpretation rule on Means-plus-function Limitation,it will guide some similar cases in future.The fifth part is suggestions to the legislation and the judicial practice. This part is the sublimation of the article. Through the analysis and argumentation about the preceding four parts, we are clear about the problems in judicial practice and legislation about how to interpret the means-plus-function limitation. Meanwhile, the writer think claims interpretation must follow specific steps which summarize in the paper as the reference.