On The Definition Of Protection Scope Of Parallel Independent Claim

The first problem to determine whether an act infringes the patent right is to determine the invention covered by patent right.The core of this question is the interpretation of claims.In fact,how to interpret claims and how to determine the protection scope of patent right is an important issue in patent law.This thesis selects parallel independent claim as the research object,especially the parallel independent claim with reference relationship as the focus,and discusses different factors affecting the protection scope of patent right in order to obtain a reasonable protection scope of patent right and achieve the matching between protection scope of patent right and the contribution of the invention technology.This thesis inclouds introduction,text and conclusion.The introduction introduces the background and significance of this thesis,and explains the research approach.The text is divided into five parts:The first part points out the fuzzification of defining the protection scope of parallel independent claim in judicial practice and analyzes the causes.In the patent infringement litigation,when the patent claim involved in the case is parallel independent claim,the problem of defining the protection scope of parallel independent claim often becomes the focus of dispute between the two parties.The supreme people’s court has established the corresponding judgment standard for this problem.However,this kind of judging standard shows great uncertainty,and its applicability is not strong.The uncertainty inherent in the protection scope of claims and the unclear boundary of protection in the process of patent authorization are the important reasons for the above ambiguity.The second part discusses origin,classification and correspondence of parallel independent claim,and then explains the particularity of parallel independent claim.Parallel independent claim is the product of the examination of the unity principle.The "reference relationship" embodied in parallel independent claim is different from subordinate claim and is essentially a corresponding relationship.This correspondence is mainly reflected in parallel independent claim of different categories.The third part explains the logical starting point and principle of defining the protection scope of claims.The record scope of claims is different from the protection scope of claims,and the former is the basis of the latter.The nature of claims includes the imperfection of record expression and the inevitability of record defect,which makes the interpretation of claims necessary;the interpretation of claims is the logical starting point to define the protection scope of claims.There are two aspects of claim interpretation: technical analysis and value analysis.The definition of the protection scope of claim shall follow the principles of considering the understanding of ordinary technicians in the field,taking the content of claims as the benchmark and presumptive validity of patent right.The fourth part explains the interpretation of parallel independent claim.Based on the standard and method of interpretation of claims and the particularity of parallel independent claim,this part discusses the rationality and influence of patent theory in interpretation of parallel independent claim.Specific technical features run through the whole process of examination of the unity principle,and the same or corresponding specific technical features have a "substantial impact" on the subject of parallel independent claim.The topic name of the prior independent claim constitutes a modified qualifier of the topic name of parallel independent claim,which has a limited effect on the protection of the subject,and specifically points to the specific technical features of the prior independent claim.Whether there is a limited role should be combined with the specification,drawings,patent review files,public knowledge in the field of technical and other factors as comprehensive consideration.The fifth part,through the induction and analysis of relevant cases in judicial practice,the application and formation process of the judgment standard are further clarified.Through the analysis of the cases,it can be found that the explanation of the technical relevance between parallel independent claims,based on the characteristics of parallel independent claim,a relatively certain judicial consensus has been formed in judicial practice: by comparing the technical features of the parallel independent claim with those of accused tort involved in the case,the court usually determines that the specific technical features of the prior independent claim have substantive influence on the technical scheme of the parallel independent claim.The conclusion is a brief review of the main points.