Research On The Recognition Of Closed Claims In Patent Infringement

Innovation is the first driving force for development and the strategic support for building a modern economic system.Since the 21 st century,the number of patent applications and authorizations in China has ranked among the top in the world,and the number of intellectual property litigation cases has increased dramatically.A series of patent infringement disputes and intellectual property rights issues have emerged.Patent claims are the core of determining the scope of patent protection.The way of writing claims will affect the scope of patent protection.With the increasing number of patent infringement cases,the public urgently needs to have an accurate grasp of the scope of patent protection,so as to choose the right type of patent claims to protect their legitimate rights and interests.Closed claims are a special linguistic expression to record claims to determine the scope of different types of patent protection.In our current Patent Law and relevant judicial interpretations,there is no provision for closed claims,and there are few related types of research and patent cases in domestic academic circles.There are still disputes about the understanding and application of such claims in patent practice.Patentees do not pay enough attention to the consequences of choosing to write such claims.Therefore,clarifying the scope of protection of closed claims in patent infringement and identifying the types of claims accurately will help to solve the judicial practice problems in patent infringement and promote fairness and justice.This paper analyses the relevant theory and application of closed claims.By studying the applicability of closed claims in patent infringement litigation,and on the basis of investigating several cases and foreign systems,and referring to the content of patent application documents in relevant patent practice,this paper makes a concrete study on the identification methods of closed claims in patent infringement in China.Suggestions on the scope of protection of closed claims and related rules are put forward.Firstly,the basic theory of patent claims is analyzed,and the application fields of closed claims in China are discussed.Secondly,the applicability of closed claims in patent infringement is analyzed and discussed,including the interpretation of closed claims,the applicability of tort determination principle and how to identify the types of closed claims in specific cases.Finally,according to the way of affirming closed claims in patent infringement litigation in our country,on the basis of discussing the current relevant systems and previous analysis,a series of concrete suggestions are put forward on the application of closed claims in patent infringement litigation in our country.