The Research About The Application Of Applied Environmental Characteristics In Patent Infringement Litigation

The claim is the core of the operation of the patent system,and its role is to define the boundary of the patent right.The applied environmental characteristics is a technical feature in the claim that can be separated from the patented product and exists independently,which in practice is very likely to become the focus of dispute between the two parties in patent infringement litigation and largely affects the judgment result.2016,the Supreme People’s Court,in the Interpretation of Several Issues on the Application of Law in the Trial of Disputes on Infringement of Patent Rights(II),stipulated in a negative way that the scope of protection of patent rights containing the applied environmental characteristics does not fall into the the rules for determining the scope of protection of patent rights containing the applied environmental features are not stipulated in a positive manner.Patent administrative departments and courts at all levels have tried to make some explorations and attempts from legal norms and typical cases,and there is no lack of in-depth analysis in the theoretical circles on the definition and nature of the use of environmental features and the judging standards in judicial practice.However,the writer finds that in judicial practice,there are still many problems to be solved in the practical application of the applied environmental characteristics: the unclear definition and features lead to confusion in the determination of the applied environmental characteristics,some of the applied environmental characteristics are not identified in the cases,and some of the technical characteristics identified as the applied environmental characteristics actually do not belong to the applied environmental characteristics.On this basis,the criteria for determining the infringement of the applied environmental characteristics are also not very clear and reasonable.Therefore,it is not only of theoretical value,but also of great significance in administrative and judicial practice to study how to improve the system of applied environmental characteristics by taking the application of such characteristics in patent infringement litigation as the starting point.In addition to the introduction and conclusion,the main part of this paper is divided into four chapters.The first chapter of this paper,"Analysis of the Application and the Problems of Using Environmental Characteristics in Patent Infringement Lawsuits",is divided into two aspects: firstly,starting from the past cases and legal regulations on the use of environmental characteristics,the empirical research and normative analysis methods are used to find that the application of the applied environmental characteristics in patent infringement lawsuits is usually featured with relative complexity;secondly,the two major problems of the applied environmental characteristics in patent infringement lawsuits under the existing patent system are compiled from the literature,namely,unclear recognition criteria and unreasonable infringement determination rules.The second chapter of this paper,"Analysis of the Applied Environmental Characteristics in Patent Infringement Litigation",focuses on three aspects: first,the writer analyze the existing definitions of the term "the applied environmental characteristics " by the Supreme Court,the State Intellectual Property Office,local high courts and scholars,combining the provisions of Examination Guidelines for Patent and Utility Model in Japan on " Expression Specifying the Invention of Subcombination by Elements of Another Sub-combination" and Guidelines for Examination in the EPO on " Definition by reference to(use with)another entity",it is found that the existing definitions are unable to meet the operational needs of identifying the applied environmental characteristics in practice;Second,it analyzed the three common properties of the use environment features in existing cases: it is technical characteristics that are written into the claims,it is technical characteristics that indirectly limit the subject matter of patent protection,and it is only applicable to product patents;third,it compared and analyzed the applied environment characteristics with the function-limited characteristics and use-limited characteristics in China’s patent system,and summarized the differences between them.The third chapter of this paper,"Analysis of the Rules for Judging the Applied Environmental Characteristics in Patent Infringement Litigation",is divided into three aspects: first,it analyzes the qualifying role of the applied environmental characteristics in the patent claims,concludes that the applied environmental characteristics can have a substantial impact on the technical solution of the patent and are essential technical characteristics,and proposes the conclusion that the applied environmental characteristics have a qualifying role in the scope of protection of the patent claims;second,the three possible standards of interpretation for the applied environmental characteristics in patent infringement proceedings are listed;third,the relative reasonableness of the standard of "necessary use" among the three aforementioned standards of interpretation for the applied environmental characteristics in patent infringement proceedings is analyzed from four perspectives: "the principle of balance of interests","the continuity and integrity of the patent system","the principle of claim publicity" and "the principle of comprehensive coverage".The fourth chapter of this paper is entitled "Suggestions for Improving the Applied Environmental Characteristics in Patent Infringement Litigation".The proposed refinements are divided into two main sections: first,to establish clear criteria for determining the applied environmental characteristics in patent infringement lawsuits,including the definition of applied environmental characteristics in judicial interpretations and the establishment of clear rules for determining the applied environmental characteristics in patent infringement lawsuits;second,to formulate reasonable rules for determining infringement of the applied environmental characteristics,including clarifying the rules and exceptions for determining infringement under the standard of "necessary use" and reasonably allocating the burden of proof in relation to the applied environmental characteristics.