Splitting of necessary technical features. The independent claims of an invention or utility model patent reflect the technical solution of the invention or utility model as a whole and record the necessary technical features to solve the technical problem. From the perspective of drafting requirements for independent claims, independent claims include a preamble and a characterizing part. The preamble records the necessary technical features that are unique to this patent and the closest prior art, and the features part records the technical features that distinguish this patent from the closest prior art. But in a specific case, how many necessary technical features are included in the independent claim of a patent? How to split the general description of the entire claim into the necessary technical features one by one is a problem that must be solved in judicial practice , otherwise the next step of infringement feature comparison cannot be carried out. Current laws and judicial interpretations do not stipulate this issue. Some people believe that the claim should be split based on the smallest technical unit to determine how many necessary technical features there are in the independent claim. The author believes that it should be split based on independent technical units. Take the utility model patent No. ZL00243741.4 "GRP Sand-filled Pipe Jacking" as an example. Its independent claim records: "A FRP Sand-filled Pipe Jacking, which consists of a pipe head, a pipe body and a pipe tail. The pipe head and pipe tail The pipe diameters are consistent, and the pipe tail connection part is provided with a sealing collar. The pipe head and the pipe tail are connected through the collar. The characteristic is: the pipe head, pipe body and pipe tail are made of a resin matrix, and the pipe body is provided with a two-dimensional The fiber layer wound in the above direction and the quartz sand layer, the pipe head and the pipe tail are provided with the fiber layer wound in the above two-dimensional direction, and the collar is tightly arranged in the concave platform on the outer wall of the pipe head or pipe tail. "If divided according to the minimum technical unit standard, it can be divided into the following 9 necessary technical characteristics:
A glass fiber reinforced plastic sand-filled jacking pipe; it consists of a pipe head, a pipe body and a pipe tail; the pipe head The pipe diameter is the same as that of the pipe tail; the pipe tail connection part is provided with a sealing collar; the pipe head and the pipe tail are connected through the collar; the pipe head, pipe body and pipe tail are made of resin matrix
; The pipe body is provided with fiber layers wound in more than two dimensions and a quartz sand layer; the pipe head and tail are provided with fiber layers wound in more than two dimensions; the collar is tightly arranged at the pipe head or pipe Inside the concave platform
on the outer wall of the tail. If divided according to independent standards, it can be divided into the following four characteristics:
A glass fiber reinforced plastic sand-filled jacking pipe, which consists of a pipe head, a pipe body and a pipe tail. The diameter of the pipe head and pipe tail The pipe tail connection part is provided with a sealing collar, and the pipe head and the pipe tail are connected through the collar; the pipe head, pipe body and pipe tail are made of resin matrix, and the pipe body is provided with The fiber layer wound in more than two dimensions and the quartz sand layer are provided at the pipe head and tail. The fiber layer is wound in more than two dimensions; the collar is tightly arranged on the recessed platform on the outer wall of the pipe head or pipe tail.
Within. If the minimum technical unit is used as the standard for division, as long as the minimum technical unit is independent and can indicate a structure or a method or a shape, etc., there is nothing wrong. If it cannot be independent and cannot indicate a
structure or a method or a shape, etc., it is an error and will lead to inability to compare when judging infringement. However, the separation standard based on the smallest technical unit is too mechanical and cumbersome, and does not meet the needs of hearing specific cases. Taking independent technical units as the standard, referring to the corresponding characteristics of the accused product and the customary methods in different technical fields, regardless of the size of the divided units, as long as they can accurately reflect the original intention of the claims and be conducive to the determination of infringement. Just like the strength of an army, we can divide it into several divisions, or into how many regiments or battalions or even how many people in the smallest unit. If the troops that need to be compared have corresponding organizational structures, there is really no need to divide the two into the smallest unit. If the units being compared have different structures, the situation of the other party should be considered and the units should be split appropriately to make the two units easier to compare.
The same applies to the splitting of necessary technical features. The purpose of splitting is not only to explain the scope of patent protection, but more importantly, to compare the necessary technical features of this patent with the accused technical features in the next step of patent infringement judgment. Yes, we can draw the conclusion that they are the same or equivalent and not the same or not equivalent. Therefore, there is no need to split based on the minimum technical unit. In practice, according to the specific technical field and customary methods, refer to the characteristics of the controlled technology, etc. It is enough to use independent technical units as the standard to make divisions that are conducive to comparing the infringement characteristics with the necessary technical characteristics of the patent.