Discussion On The Explanation Of Means-plus-function Technical Features

Innovation has become a weapon to promote social development.The deepening of the patent system plays a vital role in the stimulating and smooth development of scientific and technological innovation.As a step of determining the protection scope of patent,means-plus-function technical features should be focused.However,according to the current rules of judicial interpretation and the specific provisions of the law,it is difficult for us to make accurate judgments of means-plus-function technical features.In the judicial practice,whether a claim is a means-plus-function technical feature,and how to decide the protection scope of a means-plus-function technical feature are always the main controversial focuses in the patent infringement disputes.Therefore,means-plus-function technical features should be studied.The first chapter analyzes the current interpretation rules of the means-plus-function technical features.Currently there are mainly two sets of rules of the means-plus-function technical features.First is the rule of “covering all” in the “Patent Examination Guide” of the National Intellectual Property Office.Second is the rule of “specific plus equivalent implementation” in the interpretation of Supreme People's Court.These two interpretation rules are not consistent,resulting in a number of obstacles in the judgment of deciding the protection scope of means-plus-function technical features in the judicial practice.The second chapter mainly analyzes the practical problems arising from the inconsistence of the interpretation rules of the means-plus-function technical features.The inconsistence of the interpretation rules of the means-plus-function technical features in the patent authorization and infringement will influence the realization of the patentee's right and the certainty and predictability of law.Also it will lead to the lack of practical significance of the review of authorization stage,resulting in the waste of judicial resource.The third chapter mainly studies the interpretation rules of the means-plus-function technical features in a comparative way.This part mainly analyzes the origin and development of interpretation rules of the means-plus-function technical features of American.Also,the interpretation rules of the means-plus-function technical features of EU,Japan and relevant international treaties and the advantages and disadvantages of different interpretation rules in specific application are discussed.The fourth chapter is the recommendations of our current interpretation rules of the means-plus-function technical features.The interpretation rules of the means-plus-function technical features should be unified and the decision of the equivalent means in the “equivalent implementation means” shall be appropriately broadened when the patent is applied for before the introduction of judicial interpretation.