Research On The Rules Of Splitting The Technical Features Of Claims In Patent Infringement Comparison

When comparing the technical solution defined by the patent claim with the technical solution of the accused infringing object,the foothold is actually the comparison between the technical features separated from the two.Therefore,how to split the technical features greatly affects the accurate definition of the scope of patent protection,thus affecting the determination of whether it constitutes infringement,especially whether it does not infringe due to the lack of technical features,or whether it constitutes equivalent infringement.However,the academic and practical circles in our country have not yet unified the rules for the separation of technical characteristics.The reason is that the understanding of "Technical Characteristic" has not reached a consensus,which is reflected in the judicial practice.This not only damages the stability and predictability of the application of patent law,but also affects the balance of interests between the patentee and the public.In view of this,it is necessary to form a set of appropriate,feasible and close to the essence of technology.Based on the analysis of laws,regulations and judicial practice,this paper analyzes the current situation of the separation of technical features in claims in China.Taking the infringement judgment guidelines of Jiangsu high court and Beijing High Court and the judicial decisions of the Supreme Court and local court as the research cornerstone,and based on the current background of strengthening the protection of intellectual property rights,this paper puts forward some suggestions for the separation rules of technical features in claims in China Suggestions for improvement:draft the definition of "Technical Characteristic" and make it clear at the level of judicial interpretation,from the perspective of the understanding of ordinary technicians in the field,emphasize taking the smallest technical unit of relatively independent "function and effect" cluster as a separate technical feature;make clear the stage of technical feature splitting,and put it between the claims interpretation and technical comparison;for technical features,put it between the claims interpretation and technical comparison This paper puts forward the scheme of gradual approximation from the perspective of integration;discusses the splitting rules in judicial application in detail,pays attention to the relative independence and indivisibility of the smallest technical unit,whether the sequence of steps should be considered in the splitting of technical features and whether functional features need to be split twice,and points out that too wide splitting of technical features leads to the principle of "Redundant Designation Principle" In order to further improve the current technical feature splitting rules.