The Subject Matter Title's Restricted Function In The Protection Scope Of Patent Claims

The subject name is the legal content of the pre-order part of the patent claims,which is a high-level summary of the overall content of the technical solution,and a harmonious and unified relationship with the technical solutions.The basic role of the topic name is to simply name the technical solution,distinguish the type of claims,and help the public to predict the scope of protection of the claims so that they can better understand the technical solutions and avoid the risk of infringement.In addition,the subject name also plays a key role in determining administrative review issues such as patent subject and patent search classification.The subject name in principle has a limiting effect on the scope of protection of the patent claims.First,because the claim is a patent contract right clause between the patentee and the public,according to the principle of good faith and the principle of estoppel,it should be determined that the subject name has a limiting role in principle to balance the interests of both parties.Prevent the abuse of the exclusive right of the patentee;second,because all the written contents recorded in the claims are public and effective,the subject name should constitute one of the contents of the claims;third,because the subject name and technical solution are natural The logical relationship between the two is harmonious and mutually unified,and the content of the technical solution is limited by the subject name.However,not all subject names may actually limit the scope of the claims,and the limiting effect is to be judged on the premise that all subject names have a basic role.The subject name actually has a qualifying condition that has a material impact on the subject matter to which the claim is to be protected.This condition is mainly reflected in two points: First,the subject name has an impact on the content of the technical solution,mainly reflected in the technical problems to be solved by the subject name on the invention and the integrity of the technical solution;the second is the subject name for the invention or The patentability of the utility model has a substantial impact,mainly reflected in the technical content of the topic name including the distinction between technical features or invention information.Accordingly,the material impact of the subject name on the technical subject can be divided into internal and external influences.The name of the topic that has an internal material impact on the technical topic is called the “internal qualified topic name”(or “definition of the qualified topic name”),and the specific implementation of the definition is mainly related to the technical theme itself or the internal structure and composition."Definitive" content such as shape,nature,parameters,etc.;instead,the subject name that has an external material impact on the technical subject is called "external qualified topic name"(or "environmentally qualified topic name"),which is limited The specific implementation of the role mainly includes the definition of "environmental" content such as the technical theme itself or internal use,function,preparation method,and use environment.In judicial practice,it is necessary to judge whether the subject name actually has a limiting effect,mainly in the following situations: first,whether the subject name containing the use feature has a limiting effect;second,when the subject name is inconsistent with the content defined by the feature part Whether or not there is a limiting effect;thirdly,whether the prior claims will have a limiting effect when the prior claims are cited in the subject matter of the independent independent claim or the dependent claims.This paper summarizes the steps to determine whether the subject name actually has a limited role in patent infringement litigation.First,the author defines the controversial characteristics of the subject name and judges its specific implementation.Secondly,the subject name is explained.The principle of guaranteeing the validity of patents guarantees that the scope of claims defined by the subject name is consistent with the technical contribution of patents,balancing the interests between rights holders and the public,preventing the abuse of patent rights;and finally,according to the civil rights provided by both parties The evidence specifically analyzes the role of the subject name in the case.If the patentee has sufficient reason to prove that the subject name does not have a practical limit on the scope of protection of the claim,and can prove that the alleged infringing product falls into the patent claim in question.The scope of protection,the accused infringer need to bear the tort liability.Finally,it is necessary to pay attention to the subject name in the legislation,and to define in detail the definition,function,review and judgment of the subject name,so that the use of the topic name has laws and regulations in each patent procedure.This article provides the following suggestions for the improvement of legislation: First,establish the status of the limited role of the subject name.Altering "all technical feature principles" to "all-qualified feature principles",all of which include all technical features of the preamble and feature parts of the claims,as well as the definitions of the subject matter that have a material impact on the technical subject feature.Second,to strengthen the standard review of the subject name,requiring patent applicants to make a maximum and explicit literal interpretation of the meaning and role of each qualifier in the subject name.This interpretation will be used in subsequent judicial proceedings and invalidation procedures.Evidence,estoppel is forbidden.