Research On Interpretation Of Means-plus-functionlimitation Claim

The current is the age of rapid development of science and technology，andpatents as the guard of encourage and facilitate innovation plays an important role inthe development of science and technology，with protection of the right holder ofinvention, and the specific protection of the patent scope is determined by the claim.When in the review authorization，The examiner to check claim creativity and noveltyjudgment，and when in the infringement determination, the judges judge according tothe claim and the alleged infringer product to find whether it is in the patentregulation.But with the constant improvement of the level of science and technology, sometechnical features have very complex technology solutions that can’t use theconventional way of claim to describe, therefore an integrated use of means andfunction of the functional characteristics of the resulting comes.In this paper, the functional limited characteristics of the claim is the researchobject. The different between the current patent review guidelines and the judicialinterpretation is the research focus，through the analysis of specific cases and foreignlegislation try to explore reasonable interpretation of the rules of the functional limitcharacteristics claim.