Sequence of Step Affect Protection Scope

Published: May 11, 2022, 1:15 a.m.

How does the Sequence of Steps in Process Claims affect the protection scope of the Chinese Patents?

According to the Guidelines for Patent Examination, a process claim shall usually be defined in terms of technical features such as technological process, operational conditions, steps, and procedures. However, the Guidelines do not specify how to define the sequence of execution of the steps or the procedure of a process claim. Therefore, at the stages of patent prosecution and enforcement, disputes frequently arise due to various interpretations of the sequence of execution of the steps in a process claim.