In the United States, the courts have addressed two competing interests: (1) fair protection, which emphasizes patentee’s interest and thus supports broader claim interpretation; and (2) legal certainty, which emphasizes the public notice function of the claim and thus requires narrower claim interpretation. One example of the court’s concern to balance these two conflicting interests is found in the dissenting opinion in Pennwalt Corp.

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Comparative Analysis

  • Zhe Peng

摘要

In the United States, the courts have addressed two competing interests: (1) fair protection, which emphasizes patentee’s interest and thus supports broader claim interpretation; and (2) legal certainty, which emphasizes the public notice function of the claim and thus requires narrower claim interpretation. One example of the court’s concern to balance these two conflicting interests is found in the dissenting opinion in Pennwalt Corp.