Research On Technical Characteristics Analysis Of The Patent Judicial Expertise

In the lawsuit,the judicial organ or the parties often needs to entrust the appraisal unit which can use their professional knowledge to identify the expertise or technical problems of the case in accordance with the statutory process.In the process of patent infringement trial,judicial expertise procedure usually would be start-up.The primary coverage to identify include two hands:one is to clear the scope of protection of patent rights;the other is to identify whether the technical proposal of the actor is involved in the scope of patent protection.In the process of judicial authentication,a case often get conclusion of the opposite when sent to different judicial appraisal organization.The reason why this result would happen is that our country has not developed a set of unified and effective judicial authentication implementation standards at present.Among them,what kind of standards for technical feature decomposition is a common problem that needs to be solved urgently.This paper choice the case between OBE factory and KangHua company,in use on the basis of the theory,combined with the case practice,further study typical problems of decomposition of technical characteristics,and puts forward some suggestions,for the construction of a unified and effective implementation of the operation of judicial appraisal standards to provide some ideas.This paper consists of five chapters,in addition to the introduction and conclusion,the main contents of each chapter are as follows:The first part is the brief introduction of the case.At first,this paper did a brief summary of the basic facts of the case which include the court of first instance verdict,the court of second instance verdict and the court retrial verdict.Then,this paper sums up the core dispute of the case.Finally,according to the core dispute of the case,this paper dished out the problem in identifying technical characteristics,pointed out that the standard of decomposing features have been widespread concern in the industry,and the usually method in decomposing technical features has a series of problems.The second part is about the understanding of patent judicial expertise to technical characteristics based on the basis theories.Firstly,introduce the relationship between technical characteristics and patent infringement judgment,and the principle in comparing In judicial practice of patent judgment.And the next,I try to discuss about a comprehensive definition of technical characteristics on the basis of legal regulations and viewpoints of scholars.Finally introducing and studying the basis technique of technical characteristics analysis.The third part which is about the common problems in the technical characteristics of patent judicial expertise,mainly to consider the method of common problems.The part is divided to three steps,which are the technique to deal with order in claims describe patent and the technical characteristics analysis of the process invention,the technique to deal with the quantity in the claims describe,the reference to interpret the technical term in the characteristics.