Case Study: Contradictory Interpretations Of Means-plus-function Claims In China

According to the Chinese Patent Law and practice, means-plus-function claims are interpreted differently at the time of Chinese patent prosecution and Chinese patent litigation. 

Basically, while “means-plus-function” claims are interpreted as “any means that could achieve the function” by examiner(s) during patent examination (i.e., a broad claim that is difficult to be granted), such claims are merely interpreted as “embodiments disclosed in the Specification, or equivalent thereof” by the judge(s) during patent litigation (i.e., a relatively narrow claim that makes it difficult to enforce). 

Apparently, the CNIPA and the Court(s) did not reach a consensus on how to interpret “means-plus-function” claims at examination stage and at enforcement stage. However, such a discrepancy indicate that both CNIPA and the Court(s) do not like “means-plus-function” claims and thus treat such claims in a way that is not in favour of the patentee(s).