On Markush claim drafting based on BASF's pyraclostrobin patent invalidation case——Comment on the second-instance judgment of the supreme court intellectual property execution final No.519(2021)
On Markush claim drafting based on BASF's pyraclostrobin patent invalidation case——Comment on the second-instance judgment of the supreme court intellectual property execution final No.519(2021)
In order to make feasible suggestions on the drafting of Markush claims,the trial of the invalidation case of the invention patent right No.ZL98805666.6 of the pyraclostrobin compound composition patent was reviewed.In addition to the creativity,the focus of the dispute in the patent invalidation case is also the modification method of the Markush claims at the invalidation stage.It is recommended to improve the drafting quality of the application text at the application stage according to the modification requirements of the Markush claims in the invalidation procedure.
关键词
马库什权利要求/专利无效/权利要求的修改/专利侵权诉讼/吡唑醚菌酯/复配组合物专利
Key words
Markush claims/patent invalidity/amendment of claims/patent infringement litigation/pyraclostrobin/patent for mixed pesticide composition
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