How to determine the scope of patent protection

The scope of protection of a patent right refers to the scope of inventions and creations covered by the legal effect of the patent right. The scope of protection of an invention or utility model patent shall be based on the content of the claims, and the description and drawings may be used to interpret the claims. Regarding the question of how to determine the scope of patent protection, the editor of Legal Savior Network will give you a detailed answer below.

1. How to determine the scope of patent protection

1. The scope of protection refers to the scope of inventions and creations covered by the legal validity of Patent rights. The scope of protection of an invention or utility model patent shall be based on the content of the claims, and the description and drawings may be used to interpret the claims.

2. Legal basis: According to Article 64 of the "Patent Law of the People's Republic of China": the scope of protection of invention or utility model patent rights shall be determined by the rights The content of the claims shall prevail, and the description and drawings may be used to explain the content of the claims.

The scope of protection of design patent rights is based on the design of the product shown in the picture or photo. A brief description can be used to explain what the picture or photo means. Indicates the appearance design of the product.

2. What is the basis for determining the scope of protection of patent rights?

1. Theoretically, the scope of protection of patent rights is determined Determination

Theoretically, there are different interpretation methods such as peripheral limitation and central limitation. According to my country's patent law, we currently adopt a compromise approach, that is, the content of the claims shall prevail, and the description and drawings shall be used to explain the claims. In actual operation, how to use the description and drawings to interpret the claims is an extremely complex issue. This includes not only defining the technical purpose, technical means and achieved technical effects of the claims, eliminating vague understandings, but also Including the explanation of equivalent technical features, the patent law stipulates that the scope of protection should also include technical features that ordinary technicians naturally think of after carefully reading the description. This is the concept of equivalent features.

2. Determination of the scope of patent protection from the perspective of patent protection type

When determining the scope of patent protection, China’s patent law adopts The principle is a compromise. There are three types of patent protection in China, namely invention, utility model and design. According to the different objects of protection, China also stipulates different scopes of protection.

(1) The scope of protection of invention patent rights and utility model patent rights

(2) The scope of protection of design patent rights

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