The Writing Errors Of The Patent Claim Impact On The Scope Of Patent Protection

The scope of patent protection depends directly on the claims in the field of patentprotection, so the writing quality of the patent claims will have a huge impact on the scope ofpatent protection. Due to the complexity of the patent application of the technical and legalaspects of knowledge, and the limited nature of language limitations and restrictions of humancognition, it is difficult to make the writing of the patent claims perfect and get the final OK.Based on the2012top ten innovative intellectual property cases in the Supreme People’sCourt promulgated "the company Qinpont patent dispute," the analysis and discussion aretrying to clear some of the basic concepts and legal relationships involved in the case,and getthe basis of legal case judgment, thus provide some guidance for the future treatment ofsimilar cases.The article is divided into three parts. Part I the court Introduction and focus ofcontroversy. In this paper the case selected from the top ten innovations of2012cases in theproceedings, and the paper briefly review the whole story of the case, based on different legalconsiderations of the courts,to explore the disputes content related to the similar cases:1Whenthe reader of patent application document can not get the scope of patent protection throughthe patent claim clear,whether it is wrong to write about, or written specification errorclaims?2If the patent claim does exist writing mistakes, whether the error would affect thescope of patent protection?Part II the different types of errors of the written claim. In this paper the wrong type ofpatent claim is divided into three categories:1the text error of the patent claims;2the missingpart of the technical program of the patent claims disclosed in the specification;3it isimpossible to define the scope of patent protection.The writing errors of the patent claims isdivided into three parts: obvious text errors, ambiguities textual errors,the use of the wrongterminology.This paper make the wrong type mentioned in the text more clear by a referenceto the large number of cases,distinguishing the wrong type of error at the same time.Part III the writing errors of the patent claims affect the scope of patent protection.Thispaper analysis their impact on the scope of patent protection for a different type of error, tofind the basis for judgment from the theory.The conclusion combine with the different types of the writing errors of the patent claims, the dual management system to the patent protection,and suggest to improve the quality ofpatent documents as well.The essence of the paper is still writing errors of the patent claims.Because the first andthe second trial court found that there is an error term in the patent claims, thus that it’s hardto define the scope of patent protection，and make the writing errors of the patent claims’influence on the the scope of patent protection highlighted.Only taking measures to improvethe quality of the patent claims effectively, will we make the scope of patent protectionclear.