Necessity, Criteria Requirements or Limits and Acknowledgement of Product Identity of Claims for Product Described by Its Manufacturing Process Product-by-Process ClaimsReportar como inadecuado




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It isinevitably necessary to admit Product-by-Process claims PBP claims. To makethem effective, their requirements and limits should be clarified, and themethods to define the product and acknowledge the identity of the product intheir practical exercise should be studied. The author has suggested thefollowing two view points to examine inventions, 1 considering the difficultyto predict an invention from the tentative principles and 2 categorizinginventions into the physicalobject type and the material type. Based on thesetwo viewpoints, this paper will show the case where the PBP claims areinevitable. From the above and its opposite side, the criteria for the PBPclaims will be proposed by analyzing the category of inventions, requirementsof manufacturing process steps and the limits of admitting the PBP claims. Thefollowing theory will be composed of: the scope of the PBP claims shouldinclude their identical product to the product described in the claim throughthe process of the patent applications and infringement cases because of thelegal stability. Then, the methods of determining the time to define theproduct by way of structure or properties and acknowledging the identity of theproduct, in the practical exercise of the claims will be suggested.

KEYWORDS

Product-by-Process Claims, Process Limitation Theory & Identical Product Theory, An Inventions Formed through Experiments, Formation Stages of an Invention, Abbott Laboratories v. Sandoz, Inc., 566 F.3d 1282 Fed. Cir. 2009

Cite this paper

Kageyama, K. 2014. Necessity, Criteria Requirements or Limits and Acknowledgement of Product Identity of Claims for Product Described by Its Manufacturing Process Product-by-Process Claims. Beijing Law Review, 5, 114-129. doi: 10.4236-blr.2014.52011.





Autor: Kotaro Kageyama

Fuente: http://www.scirp.org/



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