Comparative Law Researches

Comparative Law Researches

Governing Principles of Claim Construction in Patent Infringement Lawsuits; A Comparative Study in the light of United States and Iran Jurisprudences

Document Type : Qualitative Research

Authors
Reza Arabzadeh 1
Mirghasem Jafarzadeh 2
1 Ph.D. Student in Private Law, Faculty of Law, Shahid Behehshti University, Tehran, Iran
2 Associate Professor in Department of International Trade, Intellectual Property and Cyberspace Law, Faculty of Law, Shahid Behehshti University, Tehran, Iran
Abstract
The patent claims as an important legal part of the patent certificate are the most cited and the most challenging part of the patent certificate in patent infringement lawsuits. The evaluation of the jurisprudence of various countries proves that despite the significant impact that this part of the patent certificate has on the fate of infringement lawsuits, due to the arbitrary constructions, it has lost its pioneering role and the judgements are clearly incoherent. This article, in addition examining the judicial procedure of American courts and identifying the seven principles cited by judges, shows the necessity and importance of uniform, methodical and predictable construction by parties. Also, while refining and evaluating these principles in Iran's patent law, this research aims to provide clear guidance for Iranian judges when interpreting claims in settling disputes of infringement lawsuits. Nevertheless, the authors of this article, while acknowledging the special nature of the strategic findings of the judges of the American federal courts, use the aforementioned principles only for face these concepts, to explain the necessity of systematizing claims construction with the aim of preventing occurrence of conflicting opinions when interpreting claims in Infringement claims are suggested. Nevertheless, the authors of this article, while acknowledging the special nature of the strategic findings of the judges of the American courts, use the aforementioned principles only to face these concepts, to explain the necessity of systematizing the interpretation of claims with the aim of preventing the occurrence of conflicting opinions when interpreting claims are suggested.


Keywords
Claim
Claim Construction
Specification
Patent
infringement

Subjects

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