نقش ادعاهای اختراع در تعیین عرصه فنی حمایت شده توسط حق اختراع؛ «کنکاشی در زیست فناوری»

Patent claims determining the legal protection extent of an invention play an essential role in patent rights. Type and drafting of patent claims constitute indeed the important elements for determining legal protection extent of an invention on the one hand and enforcing patenee's exclusive right against competitors on the other hand. While different drafting or interpreting methods of patent claims and their applications in new technologies may also arise new legal issues, the aim of this study is to clarify and to examine different aspects of patent claims due to their legal extents of protection in the field of biotechnology, based on a comparative study. Thus, in order to find out an appropriate approach upon which we can determine protectable extent in patent claims, the first part of this study provides an overview of different approaches on interpretation of patent claims and the second part gives further details on practical case-study analyses. We have concluded that an exact, effective and appropriate application of our patent system in new technologies requires in advance development of a basic set of theoretical principles, doctrines and jurisdictions to explore different legal aspects which can be important to be considered in new technologies such as biotechnology, nanotechnology etc.