Тълкуване на патентните претенции за определяне обхвата на правна закрила

Abstract

Determination of the scope of protection granted by the patent is a fundamental patent law issue. The patent claims, which are the substance of the technical solution, serve to establish the rights granted by the patent. Actually, the question is : should patent claims be taken literally, i.e. as presented, or should they be interpreted? If they are to be interpreted, the purpose is to disclose the substance and precise meaning of the invention according to the inventor’s invention by using the possibilities as provided for by the civil law.
Patent claims interpretation may provisionally be divided into to stages (respectively the authority is different for each stage), i.e. the procedure up to grant of the title of protection in connection with the assessment of the patentability of the invention applied for is within the competence of the Patent Office, and Court is the competent authority after grant of a patent, in case of a patent infringement litigation. In both cases the patent claims interpretation approach shall be the same.