Interpretation by the Supreme People’s Court on Some Issues Concerning the Application of Laws to the Trial of Patent Infringement Disputes
(Interpretation No. (2009) 21)飞鸟时代
(Effective as of January 1, 2010)
In order to facilitate correct trial of patent infringement disputes, the prent interpretation is made in accordance with the Patent Law of the People’s Republic of China, the Civil Procedure Law of the People’s Republic of China and so on, and in combination with practical judicial experience.
Article 1
The People’s Court shall determine the extent of protection of the patent right in accordance with Paragraph 1, Article 59 of Patent Law bad on the claims asrted by the patentee. Where the patentee changes the asrted claims by the end of court debate of the first instance, the People’s Court shall allow.
Where the patentee requests to determine the extent of protection of the patent right bad on a dependent claim, the People’s Court shall determine the extent of protection of the patent right in accordance with the additional technical features defined in the dependent claim as well as the technical features defined in the claim(s) referred to by the dependent claims.
Article 2
The People’s Court shall determine the content of the claims as provided under Paragraph 1, Article 59 of Patent Law bad on the wordings of the claims in consideration of the understanding of tho skilled in the art to the claims through reading the specification and the drawings.
Article 3
The People’s Court may resort to the specification and drawings, the relevant claims and the procution history to interpret the claims. Where a terminology in the claims is specifically defined in the specification, the definition shall prevail.
If the meaning of the claims can not be determined by the above-mentioned means, it may be interpreted in consideration of public known literature such as reference books, textbooks and the like职位和职务的区别 as well as the ordinary understanding by tho skilled in the art.
Article 4
Where a technical feature in claims is expresd in way of functions or effects, the People’s Court shall determine the content of the technical feature in consideration of the detailed embodiments of the 赛过functions or effects described in the specification and drawings and equivalents thereof.
怎么找回qq密码Article 5
Where a technical solution is only described in the specification or drawings other than in the claims, if the patentee asrts in a patent infringement lawsuit that the extent of protection of the patent right should include the technical solution, the People’s Court shall not 阳光的幸福生活allow.
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新年礼物Article 6
Where the patent applicant or patentee has abandoned a technical solution through amendment to claims and/or specification or obrvations during the procution or invalidation process, if the patentee asrts in a patent infringement lawsuit that the extent of protection of the patent right should include the technical solution, the People’s Court shall not allow.
Article 7
Where the People’s Court judges whether an accud infringing technical solution falls into the extent of protection of a patent right, the People’s Court shall examine all technical features defined in the claims asrted by the patentee.
Where the accud infringing technical solution includes the features that are identical or equivalent with all the technical features defined in a claim, the People’s Court shall determine that the accud infringing technical solution falls into the extent of protection o
f the patent right; where compared with all the technical features of a claim, the accud infringing technical solution lacks one or more technical features of the claim, or one or more technical features in the technical solution and the asrted claim are neither identical nor equivalent, the People’s Court shall determine that the accud infringing technical solution doesn’t fall into the extent of protection of the patent right.
Article 8
Where a design which is identical with or similar to the patented design is ud on a product which is of an identical or similar type to the design product, the People’s Court shall determine that the accud infringing design falls into the extent of protection of design patent right as prescribed in Paragraph 2, Article 59 of the Patent Law.
Article 9
The People’s Court shall determine whether the identical or similar type of product bad on the usage of the design product. The usage of a product may be determined with refer
ence to the brief description of the design patent, the International Classification for Industry Design, function of the product as well as the product’s sales and actual usage and so on.
Article 10
The People’s Court shall determine the identity or similarity of designs bad on the knowledge level and the cognitive ability of the ordinary consumers of宣统三年是哪一年 the design patent product.
