The Enforcement Rules of the Patent Law permit a combination of
multiple technical features of an invention to be defined in
"means-plus-function" or "step-plus-function"
language. In general, "means-plus-function"
language shall be construed to cover "the structure, material
or acts corresponding to the function" described in the
specification and the equivalents thereof.
While it is worthwhile to have a close look at how the
above-noted rules are applied to actual cases, the IP Court has
recently expressed its opinion regarding how a means-plus-function
claim ought to be construed. This precedent case is
summarized as follows:
Two invalidation actions against a patent were filed with the
Taiwan Intellectual Property Office (hereinafter referred as the
TIPO) in a row. In the first invalidation action, after the
petitioner filed an appeal with the Board of Appeals and, in turn,
an administrative litigation with the IP Court against the Decision
rendered by the
