Study On Patent Claim Construction

During patent infringement litigation cases,it is always necessary to compare the accused infringing product and the patent claim,by this way to determine whether the accused product has been covered by the claim of the patent.But before comparing of the accused product and the patent claim,it is necessary to have the patent claim construed,by this way to know the verifiable meaning and then clear the scope of the patent claim.Therefore patent claim construction is the key of the patent litigation case.With regard to the principle of the patent claim construction,agreement has been reached in both trial practice field and theories field.But with regard to the method of the patent claim construction,we still have no detail and consolidated rule.Rules on patent claim construction from the existing law,regulations and judicial interpretation only disclose the construing method in principle level.Detailed and operable construing method is still relied on people's court to establish rules during judicial trial.This article intends to seek an operable construing method by studying recently cases issued by people's court,so as to confirm scope of the patent claim whether for patentee or for the public.