Interpretation and Judgment on the Patent Claim Application – Focusing on Functional Patent Claiming

• Main Authors: Ku Wen Hao, 古文豪
• Other Authors: 盧文祥
• Format: Others
• Language: zh-TW
• Published: 2014
• Online Access: http://ndltd.ncl.edu.tw/handle/96165861825740303110

碩士 === 東吳大學 === 法律學系 === 102 === Because a patent application, regardless of the patent subject matter is articles or process, as long as the patent subject matter can be made to be implemented and is used by the industry and it or its constituent members will inevitably have a certain function. The scope of the patent claim depends on the difference of the wiring way. Sometimes functional language is written in a patent claim. At this time, how to explain the technical content of functional patent claiming has to be considered cautiously. After all, the explanation of patent claim will influence claiming scope. Thus, when a patent application includes an item of functional claiming, it should be examined cautiously and given proper explanation and judgment. This study takes the functional patent claiming as discussion core, to interpretation and judgment properly on the patent claim application. The discussion way of this paper is to generalize and marshal the relevant regulations and laws of the United States, European Union, Japan, China and R.O.C., referring to the relevant journals and papers as well. First, we start from the analysis of the type of functional patent claiming. To understand what are the types of items which they claim. Second, we give the corresponding explanation way to these difference kinds of functional patent claiming. By the corresponding explanation way, and compare with its technical feature with the prior art, we judge the patentability of inventions (novelty, inventive step). Besides, the writing way of functional patent claiming easily cause indefinite, or it could not be supported by specification. We also discuss and analyze these writing requirements. To sum up, this paper illustrates how to sort the categories and give them interpertation about the patent claim application which is restricted by functional language, and further described the writing requirements (clear, support), patentability of inventions(novelty, inventive step) for functional language. We generally introduce and illustrate an entire progress of a patent application till it.get the right. We hope it will give hand to those who works in the field of patent.