Journal of Intellectual Property Management (Dec 2018, VOL.68 NO.12, NO.816)

Title
Non-obviousness and Infringement Judgment on Inventions with Parametric Claims: Analysis of Taiwan Intellectual Property Court Recent Decisions
Publisher
Japan Intellectual Property Association, JIPA
Author
George Huang (Director, Attorney at Law and Patent Attorney) and Kai Furihata (Japanese Patent Attorney)
Published Date
20 December 2018
ISSN
ISSN 1340-847X

Summary of the article:

An invention patent with specific parameters would include “parametric claims”. A parametric claim is one that defines a product in terms of its specific parameters, such as directly measurable physical properties (e.g. size, proportions) of a product claim. The patent claim interpretation and judgement of patent infringement of patent with specific parameters are different from other invention patents and there are special examination guidelines for determining obviousness of parametric claims. In this article, the principle of non-obviousness and infringement judgment on inventions with parametric claims and relevant court decisions would be examined.

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