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《China Invention & Patent》 2018-09
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Means-Plus-Function Claim and the Judgement of the Protection Scope of Patent

LI Mingde;Institute of Law, CASS;  
The protection scope of a patent is defined by its claims. In the claims of means-plusfunction, the protection scope of the patent is defined by its functional claims, and may cover the means not listed in the claims. In Nokia v. Huaqin, the court finds out the functional claims by plaintiffare not clear, and thus it is difficult to understand its protection scope and the means should be covered by the claims. Furthermore, because the functional claims are not clear, it is difficult for the court to decide whether or not the accused product infringes plaintiff's patent. It is no doubt that the decision is an important reference for the patent prosecution and the patent infringement litigation in this respect.
【CateGory Index】: D923.42
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