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The Method for Defining and Dividing Technical Features in Patent Claims

Author(s)

Yu Qiu*

Affiliation(s)

China Jiliang University, Hangzhou, Zhejiang, China *Corresponding Author

Abstract

This paper examines the rules for dividing technical features in patent infringement determinations and their impact on defining the scope of patent protection. In China, the protection scope of a patent is defined by all the technical features recorded in the claims, and infringement judgments follow the "all-elements rule," covering both literal infringement and infringement under the doctrine of equivalents. The level of detail in dividing technical features significantly influences infringement outcomes: overly refined division may narrow protection improperly, while overly broad division may unduly extend it. Through theoretical analysis and comparative study, particularly drawing on judicial practices from the United States and other jurisdictions, this research explores standards and methods for dividing technical features. The findings emphasize that the division should balance the integrity of the claims and the independence of individual features, avoiding both excessive fragmentation and over-generalization. In conclusion, China should develop operable dividing criteria by integrating international experience with domestic practical needs, thereby improving the patent infringement liability system and judicial decision-making rules.

Keywords

Patent Infringement; Claim; Technical Feature; Classification Rule; Principle of All Technical Features

References

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