Tracing and Standardization of Patent Technical Features
Technical features are fundamental terms in the field of patent law,but neither patent law nor patent examination guidelines define such important terms,resulting in difficulties in the application of technical features.By reviewing the development process of the claim system,it can be seen that although claims play a role in defining the scope of patent rights.But in reality,what functions as a boundary of right are the elements that constitute the claims,namely technical features.Having gone through the pre patent law era and its application in the field of patent law,the terminology of technical features has transformed from a tool for understanding and express-ing technology to a tool for defining rights with normative significance.The definition and analysis of technical features help to eliminate the confusion among various terms.However,the definition of technical features causes the division of technical features to depend on the abstraction degree of technical functions,leading to uncertainty in the magnitude of the division of technical features.With the di-chotomy principle of fact and value as the theoretical basis,the abstraction level of technical functions of different value judgments should be measured in combination with the specific situation and supported by practical reasons,so as to realize the rationalization and standardization of the division of technical features.
Technical featureClaimTechnical functionFact and value dichotomy
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维普
