Analysis On The Case Of Mr. Bai V. A Company For Infringement Of Patent For Utility Models

It has been thirty years since the Patent Law of new China was promulgate. During the three decades, rapid economic and social development has taken place, scientific and technological innovation capacity has been improved substantially. At present, with the growing consciousness of rights of right holders and the public, patent infringement dispute cases have sprung up all over the country. Initially, the patent system was designed for the purpose of exchanging protection for disclosure. Therefore, the scope of protection a patent right shall be explicitly stipulated to provide the patentee for the exclusive limit and announce clearly the limit to the public. Accurate determination of the scope of the protection expected by the patentee in claim not only concerns the interests of the patentee itself but also related to interests of the public. Because claim drafting is of inherent defects arising out of words, it then becomes the first priority for determination of the scope of protection of patent right to understand and interpret properly and accurately the claim. The case of Mr. Bai’s Lawsuit against a Company for Infringement of Patent for Utility Models is typical and special. During the plaintiff ’s application of patent for utility models, because the applicant fails to use precise words in writing the claim and only preliminary examination(only to check for obvious substantive defects of the patent claim)is provided review of patent for utility models, the patent right is still granted where there are defects in the claim. Then, in the patent infringement dispute case, according to the juridical practice concerning the problem, it is shown by the results of judgment and ruling: in case the claim of a patent which has been granted is defective, it cannot be used for significant infringement comparison in patent infringement dispute cases and the patentee whose right is infringed cannot obtain judicial remedy. Thus, the patentee cannot obtain juridical protection provided by the court despite granting of the patent right, it means a patent right of defective can be used as a justification in a case of infringement of patent.