On Functional Limitation Of The Protection Scope Of Claims

Means-plus-function(MPF)features means the technical features which define the structures,components,procedures,conditions or the mutual relationship thereof,among others,through their functions or effects in invention and creation.The claim including the MPF featurers is MPF claim.The protection scope of the MPF claim is different due to the understanding of the MPF featurers,so it is necessary to identify the meaning and scope of the two aspects of the MPF featurers,the same features or the equivalent features.The protection scope of claim can be defined and reflected from the judgment of infringement.In the case of same features infringement,the technical features of the alleged infringement,which is the same of the MPF featurers,can be considered the same features,the corresponding determination of infringement as a literal infringement.For the MPF featurers,if the alleged infringement and related technical featurers,the embodiment of functional featurers,determined in accordance with the three agreement(the same means,functions and effects),with the implementation,we can determine the relevant features of the infringing party for the equivalent features,at this time,to determine whether the equivalent infringement,we still need to judge from the technical features one by one,to determine whether it constitutes the equivalent infringement,therefore,for containing the MPF featurers of the claims,there may be two times to judge.The identified of the equivalent features in the theory of equivalent infringement,and the identified of the equivalent doctrine of equivalents in the MPF featurers,they are different from the effect of the scope of the protection,the object,the time of judgment and conclusion.therefore,they cannot be confused in practice.