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Q146. Emphasis of Advantageous Effect

Q146. Emphasis of Advantageous Effect
 Does emphasis of advantageous effect narrow the scope of the invention? (Q84)

A146. The Patent Law Art. 70(1) stipulates that the technical scope of a patented invention must be determined according to the description of a claim. Art. 70(2) stipulates that the claim language can be interpreted with reference to the specification and drawings. In principle, however, no advantages are permitted to be described in the claims. If advantages are described in the claims, they may be ignored at the court. If the claim language is too indefinite and obscure, the court may consider those advantages upon claim interpretation. Judicial court judges may read potential structural elements underlying a claimed invention through advantages. However, such cases are very rare. See, e.g., Osaka Appellate Court, decided on November 22, 2002, Case No. H13(ne) 3840.