Research On The Interpretation Of Patent Claims

Patent claims are legal documents that describe the technical characteristics of patents,and they're at the heart of the patent system.With the development of science and technology,the field of invention and creation has been continuously expanded,which not only makes the writing of claims extremely professional,but also makes the interpretation of the claims highlighted in the patent infringement litigation.When the court is trying to judging whether there is a infringement or not,passing the text of the claim itself often fails to clearly determine the scope of protection of the patent right,and then it needs to be clarified by interpreting the claims.It forms a logical system of circulation with the explanation in the authorization and affirmation procedure.In the judicial practice,countries have accumulated different experiences in the interpretation of patent claims.Under the guidance of different periods and different principles,they have created literal explanations and equivalent explanations.The application of our country's interpretation method is established through trial practice,and no systematic operating procedures have yet been formed.In recent years,the issue of interpretation in the authorization and confirmation procedure has also gradually gained attention.Based on the concept and significance of the claim interpretation,this paper analyzes the application and cooperation of literal interpretation and equivalent interpretation in tort litigation.After discussion,it was found that the broadest reasonable interpretation has been applied to the patent authorization stage,but no consensus has yet been reached in the right-to-authorization stage.And propose that in order to coordinate the contradiction between the authorization proceedings and the infringement proceedings,the patentee is required to improve his writing ability,and the patent administrative department is required to continue to consider the reform of relaxing the revision of the patent document,and to rationally promote the special court in judicial matters.To improve the system of the patent claim interpretation system,the interests of the public and the patentee are maximally balanced.