On The Functional Features Of Product Patent Claims

The object described in the product patent is usually a product with a physical structure in the mechanical field.Therefore,the technical features in the product patent claims are usually the description of the structure,components,connection relations,and parameters of the product.However,under special circumstances,it is impossible to properly express the technical characteristics of the product by using the structure,components,connection relations,and parameters of the product.Therefore,the claim also adopts functional features to define the corresponding technical features in the product in the way of describing the function or effect.Because the functional features only describe the functions or effects realized by the structure of the product,but do not clarify the exact structure of the product,so,functional features have a certain degree of uncertainty in terms of describing objects and corresponding technical scope.At present,my country lacks clear legislative explanations and explanations regarding the definition and corresponding scope of functional features in product patent claims.Therefore,in the patentability judgment procedure and patent infringement judgment procedure of my country’s patent practice,patent applicants,examiners,judges,and the public often generate major disputes in the identification of functional features,feature equivalence,and determination of the scope of protection in the corresponding product patent claims.In addition,my country adopts the interpretation method of "all implementations capable of realizing the functions" in the patentability judgment procedure to interpret the functional features in the claims,while in the patent infringement judgment procedure,it adopts a totally different interpretation method of "specific implementation and its equivalent" to explain.Regarding the same patent application,two different interpretation methods are adopted in administrative procedures and judicial procedures.Whether this will have adverse effects on the protection of patent rights,and will have adverse effects on the legitimate interests of the relevant people,this is also a question that related scholars have been discussing.Based on this,combined with the relevant instrument of law,this paper first from the basic theory,further clarifies and elaborates the definition of functional features,and combined with judicial practice,clarifies the application of functional features in product claims,and gives examples.Secondly,on the basis of allowing the use of functional features in product claims in my country,clarify the requirements and specifications for the use of functional features in product claims in existing relevant legal documents,and evaluate and analyze the existing specifications.Thirdly,in combination with judicial practice,explain the interpretation methods of functional features in the patentability judgment procedure and the interpretation methods of functional features in the patent infringement judgment procedure respectively,evaluate and analyze the interpretation methods in the above two procedures separately,and conduct a comprehensive discussion.Fourth,explain the application and interpretation methods of functional features in foreign patents,mainly US and Japanese patents,and analyze the rationality of the interpretation methods of functional features applicable to them.Finally,it analyzes and summarizes all the contents discussed above,and gives suggestions for improving the system of functionally limited product claims in my country.The author believes that the interpretation methods of the two different functional characteristics used in the judicial procedures and judicial procedures of our country should be unified and unified into the "specific implementation methods and equivalent" interpretation methods used in the judicial procedures.In this way,the scope of the functional features in the claims can be reasonably limited,which is instrumental in enhancing the stability of the patent right,so that the patent can be substantively protected in the infringement determination procedure after it is granted.