Research On The Gudgment Of Composition Patent Infringement

The weak industrial capacity of key basic materials is the crux of restricting the development and quality improvement of manufacturing industry in our country.In order to enhance the industrial basic capacity,our country takes new materials and biomedicine as the strategic focus to guide the social resources gathering,promote the advantages and rapid development.The tilt of the national industrial policy has contributed to innovative's breakthrough in the field of materials and medicine,and the term composition is widely used in patent practice in the field of materials and medicine.In the patent infringement litigation to improve the protection of the composition of the invention of innovative at the same time,to promote the dissemination of innovative's results is to protect the relevant areas of sustained innovative's key.Compared with other types of patents,the invention patent of compositions has some particularity,but there is less research on the judgment of infringement of invention patent of compositions in China.A systematic study on the judgment of infringement of a composition invention patent is helpful to standardize the judgment process of infringement of a composition patent.In the new revision of patent law,our country has enhanced the overall protection of patent.In patent infringement litigation,the key to promote the dissemination and application of innovative's achievements is to define the boundary of patent right to safeguard the public interest.Based on the fact that composition is a legal concept used in patent practice,combined with the current situation and relevant cases of composition patent infringement judgment,this paper studies the particularity of composition invention patent in the infringement judgment,and puts forward suggestions for perfecting composition invention patent infringement judgment according to the value pursuit and policy change trend of our country's patent system.The composition of the composition invention patent claim is divided into closed and open claim.In the patent infringement litigation,the explanation of the composition claim first needs to distinguish the closed claim and the open claim,and then carries on the infringement judgment according to the composition different types of claim.In this paper,the particularity of composition invention is studied from the characteristics of composition;Secondly,from the patent infringement litigation procedure as a whole,the interpretation of the right requirement in the judicial procedure is studied as a whole;Then,based on the present situation of judging the patent infringement of compositions and the particularity of the invention of compositions,the overall investigation of judging the patent infringement of compositions is carried out;Finally,based on the value orientation of the patent system and the present situation of the determination of the patent infringement of compositions,the author puts forward some suggestions on perfecting the determination of the patent infringement of compositions.By studying the particularity of the determination of the infringement of the invention patent of composition,the author hopes to shorten the litigation period of the infringement of the invention patent of composition,improve the protection of the interests of patentee,and clarify the boundary of the invention patent of composition by analyzing the particularity of the interpretation of the claim of composition,so as to promote the dissemination of the invention of composition.