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Intellectual Property and Commercial Court

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2012 Min Zhuan Shang Geng(2) Zi No. 5

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Decision No. 2012 Min Zhuan Shang Geng(2) Zi No. 5
Date June 13, 2013
Decision Highlight

When the claims are consisted of plural components or technical features, using means-plus-function or step-plus-function can express the components or technical features by a device or step which can accomplish specific functions without detailing the structure, material, or acts of the component or technical feature in the claims. In addition to omitting the complicate explanations of the structures, materials and acts, using means-plus–function or step-plus-function can also simplify the drafting of the claims. When using means-plus-function or step–plus-function to draft claims, the construction of the claims should focus on relevant structures, materials or acts in the patent specification that correspond to function means or step means. If there is no corresponding instruction about the function means or step means that is not part of the prior art in patent specification, the claims would be unable to clearly claim or limit its range, and the claims would not be fully and appropriately disclosed. Therefore, when using means plus function or step plus function to express the technical features in the claims, the corresponding part in the description shall be fully disclosed.

Keywords

Means-Plus-Function, Step-Plus-Function, specific function, simplified patent claim

Relevant statutes Examination Guidelines on Patent “Chapter 8 specific technology, patent related to computer program published on 2000, Jul, 10, Rules for Implementation of the patent law Article 18 Paragraph 8
  • Release Date:2020-11-13
  • Update:2020-12-07
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