The Supreme People’s Court Interpretation on Several Issues Regarding the Application of Law to the Hearing of Patent Infringement Disputes came into effect on 1 January 2010. Based on the revised PRC Patent Law, the Interpretation sets out specific and operational rules for the application of the law in connection with the hearing of patent infringement cases.
Scope of patent protection
The first paragraph of Article 59 of the PRC Patent Law stipulates that the scope of patent protection for an invention or a utility model is based on the substance of a claim. Articles 1 to 4 of the Interpretation specify the methods of interpretation of the substance of a claim, thereby providing a basis for determining the scope of patent protection.
Principles for judging infringement of the patent
Article 7 of the Interpretation provides for a basic method of determining the existence of a patent infringement, stating that as long as the technical features of an allegedlly infringed item of technology contain the technical features subject to the scope of patent protection, the infringed item of technology shall fall within the scope of patent protection (known as the “doctrine of full coverage”).
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