Research Markush Claims Patent Examination Standards And Infringement Judgment

In order to get a larger scope of patent protection,applicants usually use the Markush method to write claims in the chemical field.Markush claims have the dual nature: ummarization and juxtaposition and they are unique in patent examination standards.Based on the origin of Markus claims,this paper takes the characteristics of inventions in the field of chemistry as the basis of facts to analyze the patent examination standards and infringement rules of Markush claims.The content of this article is mainly divided into four parts:The first part,analysis the characteristics of Markush claims based on the origin of the Markush claims and define its related concepts.Through judicial jurisprudence,this paper discusses the main dispute focus of Chinese judicial organs on the claim of makush.That is,the nature of makush claim,the examination of makush claim and the rule of tort determination.This paper gives a brief description of the cases in the paper,and summarizes the views and reasons of the judicial organ.The second part,defining the patent review criteria for the Markush claims.Based on the nature and characteristics of the Markush claims,the specificity of the Markush claims in the process of patent review such as partial priority,novelty,and creativity,as well as specific review criteria.The third part,studying the revision of the Markush claims.Based on the geological characteristics of the chemical field,it is necessary to safeguard the legitimate interests of the patentee and prevent damage to the interests of social trust,and reasonably limit the modification of makush claim in the procedures of patent review and invalidation.The forth part,exploring the protection of Markush rights.Based on the principle and purpose of the patent system,the scope of protection of makush's rights is reasonably determined.The "inevitable use" standard is utilized to the infringement behavior and the infringement judgment rule of the Markush claim is established from both of the principle and the specific standard.