【辭典】count 訴訟項目

【辭典】count 訴訟項目

在抵觸程序中，成為爭點的發明叫做 “count” 。參照37 C.F.R. 1.601, Scope of rules, definitions. (BitLaw):
"A count defines the interfering subject matter between two or more applications or between one or more applications and one or more patents. At the time the interference is initially declared, a count should be broad enough to encompass all of the claims that are patentable over the prior art and designated to correspond to the count. When there is more than one count, each count shall define a separate patentable invention. Any claim of an application or patent that is designated to correspond to a count is a claim involved in the interference within the meaning of 35 U.S.C. 135(a). A claim of a patent or application that is designated to correspond to a count and is identical to the count is said to correspond exactly to the count. A claim of a patent or application that is designated to correspond to a count but is not identical to the count is said to correspond substantially to the count. When a count is broader in scope than all claims which correspond to the count, the count is a phantom count."

還可參考按一下
當 宣告開啟抵觸程序時，一方已發行或申請中的claim和他方申請中的claim，皆必須要支持相同的“count”；“count”的形式必須包含係為 爭點的兩個claim；“count”的概念亦必須包含patent claim和application claim。因此要開啟抵觸程序最簡單的方式就是直接copy已發行專利的claim，但也應注意要滿足於112條的要件。
JOHN H. GRIFFIN v. Roger Bertina: "The Board then declared an interference between the two applications and designated the following count:"

其他專利外的解譯
Count definition:
n. Each separate charge in a criminal action or complaint that states the cause of action that would give rise to a lawsuit. For example: a civil lawsuit's complaint might state: First Count for negligence, Second Count for breach of contract, Third Count for debt, etc. A criminal case would include each count as a statement of a different alleged crime.