Define The Scope Of Protection Of The Patent Right

The definition of the scope of patent protection is an important element in the patent system. As a core values after the patent is granted and focus on performance in a patent infringement lawsuit and a request for invalidation. He has to be solved is what kind of infringing products and methods will fall into the scope of patent protection, as well as directly involved to determine what is the standard of infringement."Article59of the Patent Act provisions, the scope of protection of the invention or utility model patents prevail in its claims, the specification and its drawings can be used to interpret the claims. I combine movement assembly and golden bell patent dispute specifically addressed several issues defined analysis process should pay attention to the basic theory of the scope of patent protection and judicial practice.The paper is divided into five parts:The first part of the case and the focus of controversy. Assessment v. case on this basis, the three core issues for the case presented to both:the doctrine of equivalents, claim construction issues, the method according to claim results and experience from these problems in the focus of the case.The second part of the definition of the scope of patent protection Overview and claim construction. Overview from the definition of the scope of patent protection analysis with case, our legal and judicial interpretation of the provisions on claim construction, protection, and several other aspects of the patent claims define the scope of analysis to elaborate.The third part of the doctrine of equivalents as defined in the scope of patent protection process. In fact, this part of the elaboration of the system is through the basic concepts of the doctrine of equivalents, mode, theoretical foundation and legal basis, and combined with the core issue of this case and this article.Part IV, patents Note scoping analysis. In fact, this part of the defined during the analysis of various elements of the doctrine of equivalents using the order problem "is through the scope of patent protection," claims to explain the nature as well as procedural issues "method claims its equivalent effect", combined with the judicial practice on this article systematic exposition of the core issues and ultimately used in the form of a flowchart definition of the scope of patent protection to sort out.Part V Conclusion. This section by the main conclusions,"claims to explain the limitations and solutions" to the three parts of the limitations of the doctrine of equivalents and solutions "to sum up the definition of the scope of patent protection.