1. Claim construction and associated problems in France
4/2019

2. CLAIM CONSTRUCTION 1 First analysis by the French Judge
Extent of protection A69 EPC – L613-2 CPI
Amendments before grant
Literal infringement
Essential means of a claim

3. FIRST ANALYSIS Technical field General background Aim of the invention2
FIRST ANALYSIS
Not harmonized
Technical field
General background
Aim of the invention
Solution
Invention as claimed
Discussion of the submissions
Rule 43 EPC
Tailor-made

4. EXTENT OF PROTECTION Interpreting the claims a compulsory step3
EXTENT OF PROTECTION
Interpreting the claims
a compulsory step
Revealing the essence of the invention
Scope not beyond what is claimed
Basis for the doctrine of equivalents
A 69 as a compromise

5. AMENDENTS BEFORE GRANT4
AMENDENTS BEFORE GRANT
In the past: NOT TAKEN INTO ACCOUNT
2019
Clearly: YES
Feature added during Exam/Oppo & not reproduced
no infringement

6. LITERAL INFRINGEMENT Direct reproduction All features5
LITERAL INFRINGEMENT
Direct reproduction
All features
Not established if a claimed feature not read on the Defendant product

7. ESSENTIAL MEANS Not all features reproduced What about a missing one ?6
ESSENTIAL MEANS
Not all features reproduced
What about a missing one ?
What about a supplementary one ?
Ancillary features can be neglected

8. EXAMPLE: Paris 28-11-2017 Trolley 100 Base 120 Two sidewalls 130
Panels 130 with sheet 150
Two horizontal straps 160 having at 1st end means to attach to 1st sidewall and at 2nd end means to attach releasably to 2nd sidewall FR

9. EXAMPLE: Paris 28-11-2017 Defendant’s product
Trolley with a base, two sidewalls, panels with sheet
At 1st end of panel, means to attach to 1st sidewall
at 2nd end of panel, means to attach releasably to 2nd sidewall
No strap across the panel no literal infringement
Straps added during procedure no infringement by 2nd differences
Same function, same result, novel function equivalence

10. EQUIVALENTS IN FRANCE Means – structure - not reproduced9
EQUIVALENTS IN FRANCE
Means – structure - not reproduced
Function reproduced
Same result
Function to be new
The scope extends from the claimed technology to any variant combining in the same way different means performing the same function, the function of a means is the 1st technical effect caused by executing this means that allows to attain the result. The result shall be of the same nature.

11. Merci ! Dziękuję ! Danke! Michael KRAHN Cabinet NETTER
European & French Patent and Trademark Attorneys
36 avenue Hoche  Paris
FRANCE
Tel:  +33 (0)
Fax:  +33 (0)
Merci !
Dziękuję !
Danke!