Research On The Interpretation Of Means-plus-Function Claims In The Communication Technology Field

The patents in the field of computer and communication have increasingly relied on means-plus-function claims,while the current administrative review and judicial decisions in China have conflicting requirements on means-plus-function claims,which obstructs patents and litigation rights protection in the communications field that must be described by using functional features.Existing research has noted that means-plus-function claims play an important role in the field of computers,but there exists few further studies of means-plus-function claims in the field of communication.This article starts with the revision of the Guidelines for Examination on computer programs in 2017 by the State Intellectual Property Office,sorting out the rules for the interpretation of functionally-restricted claims in China,analyzing the contradictions between administrative regulations and judicial decisions,and integrates software in the field of communications technology.Combining with the cooperation of software programs and hardware modules in the field of communications,the authors explore ways of writing means-plus-function claims and improve the system of means-plus-function claims in the communications field.This article consists of an introduction,a text,and an epilogue.The body part is divided into four chapters.Chapter 1 takes the case of Nokia Company v.Shanghai Huaqin Company,which has caused extensive discussion in judicial circles and communication practice circles as an example,and puts forward that the current judicial authority's interpretation of the means-plus-function claims requires the limitation of patents in the communication technology field.Chapter 2 details the connotation and interpretation principle of means-plus-function claims,and compares the standards of administrative review standards and judicial judgments on means-plus-function claims,and analyzes the Supreme People's Court's interpretation of several issues concerning the application of laws in the trial of patent infringement disputes?:The rule of equivalence of functional limitations.Chapter 3 reviews the patent examination system and judicial interpretation provisions of the United States,Japan and Europe from the perspective of comparative law,and derives the inspiration for perfecting the system of China's interpretation of means-plus-function claims.Chapter 4 first lists several reasonable ways to limit the writing of means-plus-function claims.Then it puts forward proposals to improve the interpretation of means-plus-function claims in the field of communication in China from the perspective of uniform administrative review and applicable standards in judicial trials.The conclusion summarizes the value orientation of the patent system as reflected in the principles and rules of patents,and looks forward to the functional definition of the development of claims.