What are the provisions on the scope of patent protection?

Law: The scope of protection of a patent for invention or utility model shall be subject to the content of its claims, and the description and drawings may be used to interpret the claims. The scope of protection of the design patent right shall be subject to the design patent product indicated in ** or **.

Interpretation: This article is about the scope of patent protection.

1. The scope of protection of a patent right refers to the scope of the legal effect of a patent right for inventions, utility models and designs. Patent right is a kind of intangible property right, and the law clearly stipulates the scope of protection of the patent right and draws a clear line between patent infringement and non-infringement, which is not only conducive to fully protecting the legitimate rights and interests of the patentee in accordance with the law, but also avoiding unduly expanding the scope of patent protection and harming the interests of the public other than the patentee.

2. The scope of protection of the patent right for invention or utility model"The description and drawings may be used to interpret the claims based on the content of its claims"。This provision has two implications:

1.The scope of protection of an invention and creation patent right shall be subject to its claims, that is, the claims recorded in the claims submitted by the patent applicant and approved by the patent administrative department, and shall not be less than nor exceed the scope of the claims recorded in the claims.

2.The description and drawings have the function of interpreting the claims and can be used as the basis for interpreting the claims. However, relative to the claims, the description and drawings only have a subordinate status, and cannot be used as the basic basis for the protection of the invention or utility model patent alone, and the basic basis can only be the claims.

3. The scope of protection of the design patent right"The design patent product indicated in ** or ** shall prevail"。This provision indicates that the scope of protection of a design patent right is based on the ** or ** that embodies the design of the product. It should be noted that the design patent right is protected"Indicates the patented design product in ** or **"The scope should be the scope of similar products; If it is not a similar product, even if the design is the same, it cannot be considered as an infringement of the patent right.

Legal Analysis: The content of patent rights includes the right to manufacture, the right to use, the right to sell, the right to offer to sell and the right to import. The scope of protection of a patent for invention or utility model shall be subject to the content of its claims, and the description and drawings may be used to explain the content of the claims.

The scope of protection of a design patent right shall be subject to the design of the product represented in ** or **, and a brief description may be used to explain the design of the product indicated by ** or **.

Legal basis: Article 64 of the Patent Law of the People's Republic of China The scope of protection of a patent for invention or utility model shall be subject to the content of its claims, and the description and drawings may be used to explain the content of the claims.

The scope of protection of a design patent right shall be subject to the design of the product represented in ** or **, and a brief description may be used to explain the design of the product indicated by ** or **.

1. The scope of protection of a patent for invention or utility model shall be subject to the content of its claims, and the description or drawings may be used to interpret the claims. How to determine the content of patent protection shall be subject to the scope determined in the claims. The scope of protection of the design patent right shall be subject to the design patent product indicated in ** or **.

The patent protection right granted by a country or region is only valid within the scope of that country or region, and no legal effect occurs in other countries and regions, and the patent protection right is not recognized. The duration of patent protection: 20 years for invention patents and 10 years for utility model patents and designs from the filing date.

Upon the expiration of the term of patent protection, failure to pay the annual fee, or voluntary renunciation, the patent right is no longer protected. The independent claims include a preamble and a feature part. The preamble department shall indicate the title of the subject matter of the technical solution of the invention or utility model, the necessary technical features common to the prior art with the closest subject matter of the invention or utility model, and the technical features that distinguish them from the closest prior art shall be indicated in the feature part.

The technical features of the feature part are combined with the technical features of the preamble part to limit the scope of protection claimed for the invention or utility model.

2. The scope of protection of the design patent right shall be subject to the design patent product indicated in ** or **. The application for a design does not require the submission of text description documents such as claims and descriptions, but requires the submission of ** or **. The criteria for determining whether there is infringement are:

If the same or similar design is used on a product that is identical or similar to the patented product, it is considered to be infringing, and the same product means that it has the same purpose and the same function; Similar products refer to the same purpose, but the specific functions are different.

1. Laws related to the scope of patent protection.

Paragraph 1 of Article 59 of the Patent Law of the People's Republic of China stipulates that the scope of protection of a patent for invention or utility model shall be subject to the content of its claims, and the description and drawings may be used to interpret the claims. Article 20 of the Detailed Rules for the Implementation of the Patent Law stipulates that the claims shall state the technical features of the invention or utility model and clearly and concisely express the scope of the claimed protection.

Therefore, when determining the scope of protection of a patent, the content of the claims shall prevail first, and here it shall be necessary to take the substantive content of the technical features and parameters recorded in the claims as necessary, and on this premise, the description and drawings can be used to interpret the claims. The legal protection of patent right is the protection of the rights and interests of the patentee by the law of a country, but the patent right is an intangible property right, which is different from tangible property, so it is not easy to define the scope of protection. For this reason, different doctrines arose, which were adopted by legislators, i.e. became legal principles.