药物组合物封闭式权利要求的解读与侵权判定——由最高人民法院(2012)民提字第10号判决案例谈起

Interpretation and Infringement Judgment of the Closed Patent Claims to Pharmaceutical Compositions——Based on a Case Judged by the Supreme People's Court

从最高人民法院的一个典型案例出发,探讨药物组合物封闭式权利要求保护范围的解读及其专利侵权判定标准,比较其他国家的相关规定和判例,并对药物组合物封闭式权利要求的专利授权、确权审查、侵权判定以及申请文件撰写技巧提出见解,以供借鉴和参考。

In this article, the interpretation of protection range of the closed patent claims to pharmaceutical compositions and the criterion of the patent infringement judgment were discussed with a typical case of the Supreme People＇s Court. The relevant provisions and cases in other countries were also introduced for comparison. And the opinions on the patent licensing, review of confirming right and infringement judgment as well as patent application document writing skills for the closed patent claims to pharmaceutical compositions were presented for references.