Research On Patent Functional Technical Characteristics

The identification of functional technical features and the determination of the scope of protection have always been the difficult problems in patent infringement cases.In practice,many invention patent claims must be written in functional language in order to describe the invention directly.China’s Patent Law clearly stipulates that the patent claims should "clearly and briefly limit the scope of patent protection",but the description of functional technical features is a general and abstract way of description,which cannot be "accurate and brief".Therefore,the right holder must prove to the society that the technical solution covered by the language was known at the time of writing the claim and that no substantive test is required.Therefore,the patent law does not exclude functional language,and the legislators’ main concern is whether the applicant has improperly extended the scope of protection of his/her claims through functional language.The main contradiction in cases of functional technical features in China is whether a technical feature is a functional technical feature or not.The parties usually have disputes over the identification or interpretation of the functional technical features.Second,here are some differences on the scope of protection of functional technical features.There are often different opinions when judging whether the functional technical haracteristics are the same or equal.