An Analysis On The Interpretation Of The Patent Claim In The Infringement Litigations Of Patent

Patent system is a significant achievement of modern legal system. It promotes technological innovation by ‘adding the fuel of interest to the fire of genius’, and has already become a crucial property in the present society. In the patent system, the patent claims occupies an important position in the patent law, as known as ‘a claim game’ called by some scholars.However, the implication of language is quite vague and hysteretic, and the patent claims have some structural defects, together with different subjects having different understanding of the claim, so the protection scope of patent becomes blurry. It becomes very necessary to explain the patent claims requirements by some definite methods, in order to determine the protection scope of patent. For this purpose, many countries created new methods and interpretation rules in the judicial practice, with a result that it made the patent system showing a trend of emphasizing a clear protection scope of patent. Firstly, this paper expounds the concept, necessity and particularity of the patent claims interpretation, and teases the core concepts, principles and methods of the interpretation of patent claims. And then it explores the new rules and methods created by the courts in patent infringement issues, and the trend of the courts interpreted the patent claim, combining with the views of courts in judicial practice at the present stage.Finally, it makes some analysis on the trend of the interpretation of patent claims in patent infringement issues, and gives some primitive advises for the shortcomings.