Comparative Study Of The Claim Interpretation Of Patent Grant And Confirmation And The Claim Construction Of Patent Infringement

In the context of the dual separation of patent infringement lawsuits and patent invalidation procedures in China,it is controversial whether the requirements for the claim interpretation of patent grant and confirmation and claim construction of patent infringement should be different.The existing research rarely compares the power of patent granting in judicial administrative practice with the system of the claim interpretation of patent grant and confirmation and claim construction of patent infringement.In fact,this comparison has considerable research value.It helps to clarify the controversial points in the interpretation of the patent claims and improve the current interpretation of China’s current claims in order to be more in line with the current patent system.This article is divided into three parts:preface,main body,summary and suggestion.In the preface,under the background of patent binary system,with ’Broadest Reasonable Interpretation Standard’ of patent grant and confirmation as the entry point to bring up the comparison of the claim interpretation of patent grant and confirmation and claim construction of patent infringement.The main body contains the following three chapters:Chapter 1 briefly introduces and summarizes the claim interpretation of patent grant and confirmation and claim construction of patent infringement.For ease of distinction,the claim construction of patent infringement is referred to as the’Universal Interpretation’ and the claim interpretation of patent grant and confirmation is called ’Broadest Reasonable Interpretation Standard’.Chapter 2 is the main part of the main point.This chapter summarizes the consistency of the claim interpretation of patent grant and confirmation and claim construction of patent infringement,from the angles of ’context theory’ and’opportunity theory’,internal and external evidence,the role of the invention purpose in the interpretation of the claim,and the limitation of the claims in the manual.Chapter 3 analyzes the rationality of the two claim standards from the three perspectives of the preconditions of the determination of patent grant and confirmation and patent infringement,the purpose of the system,and the opportunity for modification.It also analyzes the two issues that are more controversial in practice:Should the ’Broadest Reasonable Interpretation Standard’ principle be applied to patent invalidation procedures?Is there any contradiction between the interpretation of patent claims and the determination of patent infringement?The summary and suggestions summarizes the rationality of the difference between the two,and propose feasibility suggestions for institutional development.