Supreme People's Court, Provisions on Several Issues Concerning the Trial of Administrative Patent Right Grant and Confirmation Cases (1) (Draft for Comments)

最高人民法院关于审理专利授权确权行政案件若干问题的规定 (一) (征求意见稿)

May 15, 2020 | BY

Susan Mok

SPC specifies the use of language terms for patent claims filing

Share:

Issued: April 28, 2020

Main contents: When trying an administrative patent right grant or confirmation case, the people's court shall, in general, use terms understood by a person skilled in the art and having the usual meaning in defining the claims that satisfy the objective of the invention. If a claim uses a self-defined term, and the description and figures contain an express definition or explanation thereof, such definition shall apply.

If a person skilled in the art could not directly obtain or reasonably derive in a general manner the solution defined by a claim after reading