The Research On The Protection Of Functional Limitation Claims

The types of claims in patent applications are classified according to their nature and can be divided into product claims and method claims.However,in recent years,with the development of electronic technology,in many fields,especially in the rapidly developing computer and communication fields,there have been a large number of features that are difficult to describe by using structures,components or steps.Being in the protection of the main body of innovation allows the existence of functionally defined features in our practice,but it imposes strict restrictions on its use.The functionally defined writing method can give the applicant a large scope of protection from the perspective of the text,but due to the ambiguity and uncertainty of the function itself,it has always been a difficult point in the industry to determine the scope of such claims.This paper first introduces the meaning and principle of functional definition,analyzes the principles and reasons for the definition of functional limited protection in administrative authorization,confirmation and infringement judgment in China,and points out that there are currently various functional restrictions on rights in China.The interpretation is not uniform,the definition of functionally qualified features is not uniform,and the problem of inconsistent judgment is that the judgment standards of the same or equivalent implementation methods are not uniform.Then,based on China's national conditions,this paper analyzes the rationality of China's relevant provisions on functional qualification characteristics,and sorts out the relevant regulations on functional limitations in foreign countries.By drawing on the experience of national system design and judicial practice,this paper seeks inspiration for the research design of China's functionally defined characteristics related systems.Finally,from the three aspects of patent authorization,confirmation and infringement determination,this paper puts forward some suggestions on the functional definition based on China's national conditions:(1)In the patent examination guide,increase the definition and writing style of functional definition features.Make the functional definition features uniform in each stage;(2)in the invalidation procedure of patent confirmation,the same interpretation principle should be adopted in the infringement judgment stage to solve the problem of “different judgments in the same case”;(3)in infringement In the judgment,the criteria for defining the same or equivalent implementation of the functionality shall adopt the principle that the technical solution that realizes the functional technical features is compared with the corresponding technical features of the controlled infringing product as a whole.All in all,in the improvement of China's functional qualification system,from patent examiners,court judges to patent applicants/agents need to have a unified understanding,to achieve a harmonious unity within the patent system,reflecting the value of the patent system.