On Perfection of Claim System of Patent Right in China

The claim of absolute right and the claim of infringement are two kinds of claim,which are different in nature,function and constitutive requirements.Of the two different claims,the former provides defensive protection and the latter provides aggressive protection.Both of them constitute a dual protecting system of absolute right.Through analyzing the present condition and the theoretical foundation,this paper clarified the concept and the basic content of the claim of patent right and put forward some proposals of improving the related statutory.