Judicial Rules for Determining the Limitation Effect of Title of the Patent Subject Matter
Title of the subject matter is an essential component of the preamble portion in claims.The judgment of its limitation effect affects the determination of the scope of patent protection.Although judicial interpretation has clarified that the preamble portion has limitation effect,there is still controversy regarding whether title of the subject matter has a separate limitation effect.The judicial rules for determining this have evolved from assessing"whether constitutes a technical feature or not"to"whether it produces a substantial effector or not".Although the rules have been continuously adjusted and refined,they remain difficult to apply and lacks rationality,affecting the public announcement of claims.To address this,the following improvements should be made based on the specific role of title of the subject matter:firstly,adhering to the principle of compromise,clearly establishing that title of the subject matter has limiting effect on the scope of patent protection;secondly,refining the judicial judgment to clearly define the principles and exceptions for determining the limitation effect of title of the subject matter;finally,optimizing the authorization examination rules to standardize the drafting of title of the subject matter.
title of the subject matterpreamble portionlimitation rulesscope of patent protection
万方数据
维普
