An Analysis Of "Leiden Patent Infringement Case" Involving The Identification Of Complex Technologies And The Interpretation Of Claims

Strengthening the protection of intellectual property rights is an intrinsic requirement for China's economy to achieve transformation and upgrading and to high-quality development,and it is an inevitable requirement for promoting innovative development and creating a good business environment.In recent years,with the continuous development of China's innovation-driven strategy,China has become a major country for patent application and authorization,and the number of patent litigation cases accepted by the people's courts has also increased.The ever-changing technological innovation and degree of refinement have brought more severe challenges to the trial of patent litigation cases,which is manifested by the difficulty in identifying relevant technologies in patent infringement disputes and the vague interpretation of patent claims.Facing the challenges brought about by complex technical disputes,China's legislation and judicial practice have made useful explorations,but there are still deficiencies.On the one hand,in view of the problem of complex technology identification,judicial practice,expert jurors,expert consultation,expert assistants,and technical investigators have formed a variety of patent infringement technology identification methods in China 's judicial practice.But every one has its own defects,and there are also outstanding problems in the effective connection and coordinated use of each other.On the other hand,claim interpretation has always been the key to reasonably determining the scope of protection of patent rights.However,regarding the correct understanding and interpretation of patent claims,the current provisions of the Patent Law in China is still relatively general,and because of the limitation of the written expression of the claim itself,there has always been a lot of controversy over the interpretation of the claim,as a result,there have been a large number of different specific patent interpretations in the judicial trial practice,which has led to many "phenomena of different judgments in the same case ".This article selects the "Leiden Patent Infringement Case",which is a patent infringement case involving complex technology,and analyzes the case trial process on the basis of learning and understanding the case's experience in the determination of complex technology and interpretation of claims.This article firstly takes the "Leiden Patent Infringement Case" as an entry point to introduce the case trial process,focusing on the analysis of complex technical identification and claims related issues involved in this case.Secondly,this article sorts out the technology identification methods and claim interpretation in the current invention patent infringement in China,and discusses the current application of expert assistants in the determination of technical facts and the definition of patent protection scope by claim interpretation in combination with relevant judicial cases.Thirdly,on the basis of analyzing the problems existing in our current complex technology identification and claim interpretation,the article examines relevant regulations and experiences outside the region.Finally,based on the previous case analysis and literature research,it puts forward perfect suggestions for complex technical identification and claim interpretation in China's current invention patent infringement,with a view to better protecting the patentee and promoting the development of the intellectual property system.