Supreme People's Court, Provisions on Several Issues Concerning the Trial of Administrative Patent Right Grant and Confirmation Cases (1) (Draft for Comments)

Issued: April 28, 2020

Main contents: When trying an administrative patent right grant or confirmation case, the people's court shall, in general, use terms understood by a person skilled in the art and having the usual meaning in defining the claims that satisfy the objective of the invention. If a claim uses a self-defined term, and the description and figures contain an express definition or explanation thereof, such definition shall apply.

If a person skilled in the art could not directly obtain or reasonably derive in a general manner the solution defined by a claim after reading the description and figures, the people's court shall find that the claim in question does not satisfy the provision that "a claim shall be based on the description".