A Research On Conflict Of Interpretation Rules Of Means-plus-function Limitation

The patent right is one of the most important achievements of innovation, theestablishment of the patent system created a new kind of property rights, the normaloperation of the patent system can have "the fire of the add for the benefit of the oil".Modern western scholars all defining the scope of patent protection through the claimof patent.So the claim is the core of the patent system.From patent protection, patentapplication, to patent examination,all of them are around the patent claim.The patent law says,“prospectus describing beneficial effects are needed to furtherexplain the technical solution of claims, what claim shall record is a scheme of theinvention or utility model technology, rather than a technical solution to solvetechnical problems or technical effect that they can achieve. However, in some cases,it may appear the purpose of the invention or technical effect, the means-plus-functionlimitation is one of the most common functional characteristics. If it is not used in aright to demand that structural features or steps to limit the invention, but for the partsor step’s role in the invention, the effect of the function or to limit the invention, it iscalled means-plus-function limitation.Intellectual property office of patent is responsible for the examination work inChina on the basis of the review guide, defined means-plus-function limitation cancover all functions described implementation ways. The people’s court is responsiblefor trial work of patent infringement,according to concerning the application of law for patent infringement of interpretation, explained the means-plus-function limitationcan only combined with the description and the appended drawings described thefunctional limit the technical features of the specific implementation way and itsequivalent way. The interpretation of the two different way caused our country on themeans-plus-function limitation to form a unified rule, which harm the interests of thepatentee and the public, the seriousness of the patent law.For means-plus-functionlimitation, the author thinks that, discussed and analyzed the rules of interpretationhas important theoretical significance and practical significance.This paper is divided into four chapters:Firstchapter,it introduce the explanation problems of the means-plus-functionlimitation in the first chapter, the meaning of the means-plus-function limitation andreasons of the existence, the conflict between the means-plus-function limitation onexplanation, and the negative impact of the conflict.Second chapter elaborated procession of the United States, the European Union,Japan, the international treaty to the means-plus-function limitation.Third chapter compared the difference of United States, the European Union, Japan,the international treaty to the means-plus-function limitation to explain the lack ofapplicable rules.The fourth chapter, through the discussion of former three chapters, and drawlessons from the United States, the European Union, Japan, the experiences ofinternational treaties in the patent practice, puts forward the suggestions of perfectingour country’s explanation of the means-plus-function limitation.