The Study Of The Broadest Reasonable Interpretation Standard

Claim interpretation is of great significance in granting patent and delimiting the boundary of the patent.Article 59 of Chapter Seven “Protection of Patent Right” of the China's Patent Law provides the general principal of construing claims.According to the literal meaning thereof,this provision seems to be merely applicable in patent prosecution and patent invalidation proceedings.None of the China's Patent Law,the Implementing Regulations of the China's Patent Law,and the Guidelines for Patent Examination set forth explicit provisions as to claim construction in patent prosecution and patent invalidation proceedings.The Broadest Reasonable Interpretation standard(BRI)used for claim construction stemmed from the U.S,which has been applied nearly one hundred years,and also taken referenced by Taiwan.Effected by the Cuozzo Speed Technologies,LLC v.Lee,more and more scholars in China are attracted by the BRI,and even the BRI was introduced by the Supreme People's Court in a case.Therefore It is necessary to delve into and parse through the BRI standard in American law for the prevention of misunderstanding or misuse.In the conclusion Part,This Article proceeds in three parts.Chapter I is the study of the basic problems of the patent claims interpretation.It mainly deals with the concept,history,difference from the Presumption of Validity and the Articulated Rationales of the BRI.Firstly,The BRI means that when construing the claims during patent examination,examines shall give the claim terms their broadest reasonable interpretation consistent with the specification and the ordinary and customary meaning of the terms as they would be understood by those skilled in the art.Secondly,the BRI applied by court initially,progressively refined in practice and formally set forth by Manual of Patent Examining Procedure in 2009.The difference between the BRI and the Presumption of Validity includes: the BRI is applied by U.S.Patent and Trademark Office(USPTO)and Presumption of Validity is applied in district court,appellate court have different review standard in USPTO proceedings and district court patent litigation proceedings.Finally,The justifications of the application of the BRI include the followings: the BRI reduces the likelihood that an issued claim is subsequently interpreted more broadly;claims can be amended during prosecution;enhance the pubic notice function of the patent.Part II is the application of the BRI.Firstly,the USPTO employs the BRI to interpret every claim in patent prosecution,reexamination,reissue,and interference proceedings.Secondly,the Prerequisite of the BRI is patent applicant or patentee has right to amend the claims.Thirdly,The flow chart indicates the decisions an examiner would follow in order to ascertain the proper claim interpretation based on the plain meaning definition of BRI.Finally,the BRI does not mean the broadest possible interpretation.Rather,the meaning given to a claim term must be consistent with the ordinary and customary meaning of the term(unless the term has been given a special definition in the specification),and must be consistent with the use of the claim term in the specification and drawings.Further,the broadest reasonable interpretation of the claims must be consistent with the interpretation that those skilled in the art would reach.Part III Is the improvement measures about the Patent claims interpretation,The BRI can be taken as reference in the patent prosecution,but not in the patent invalidation procedure.The reason for argument of proposals is whether or not the BRI is contrary to the patent law or other statutes,claim construction in patent administrative office is Inconsistent with the court,the BRI is reasonable and it will not impair the interests of patent applicants.