多余指定原则及其适用

Principle of Superfluity Establishing and Its Application

多余指定原则是人民法院审理专利侵权案件可以适用的、认定侵权行为成立的一项原则。其基本含义是:人民法院在解释专利独立权利要求和确定专利权的保护范围时,将记载在专利独立权利要求中的、明显是非必要的技术特征排除掉,仅以必要技术特征确定专利权的保护范围,从而有效保护当事人的合法权益。在司法实践中运用此项原则比较慎重,有严格的条件。对如何理解和认识多余指定和多余指定原则的内涵、多余指定原则的适用条件等内容进行了理论的探讨,并结合实例,提出了运用多余指定原则应注意的问题。

The principle of superfluity establishing is such a principle that is applicable to People' Courts to establish someone's tort or infringement crime which is tenable for the cases of infringing on other person's patent. This principle means that when interpreting an independent application for patent and establishing the scope of protection of the patent, the courts shall exclude all of the evidently dispensable technical features from what already recorded in the independent application form for patent, and only the indispensable technical features are allowed to establish the scope of protection of the patent so as to protect effectively the legal right of the party involved in lawsuit. The principle shall be put into judicial practice prudently with strict conditions to observe. A discussion is made theoretically on how to understand the content of superfluity establishing and relevant principle with applicable conditions concerned. Some questions are set out to pay attention to them when putting the principle into practice, with examples given.