Theories of Patent Claim Interpretation

Abstract

The primary goal of this thesis is to examine patent claim interpretation from a new perspective of interpretive legal theory. This thesis distinguishes three contemporary claim interpretation approaches, namely, the ordinary meaning approach, the purposive approach and the constructive approach. The thesis introduces philosophical hermeneutics to shed light on how interpretation works. By exploring the relation between a pair of crucial concepts ??meaning? and ?application?, this thesis proposes a dynamic principle for patent claim construction. The dynamic approach applies the connotation-denotation technique as a practical middle-ground solution to ascertain the meaning of claim terms.