What are the protection measures for patent rights?

As we all know, our country has relevant laws stipulating the protection of patent rights. When our patent rights are infringed, how should we protect our patent rights? Today, the editor of Legal Savior Network will tell you in detail what are the protection measures for patent rights.

1. What are the protection measures for patent rights

After the patent right is infringed, the patentee can take Three ways to protect your patent rights.

1. Consultation, negotiation;

2. Request the patent administrative department for mediation;

3. File a patent infringement lawsuit.

2. Scope of patent protection

1. Invention or utility model patent rights The scope of protection shall be determined by the content of the claims, and the description or drawings may be used to interpret the claims. How to determine the content of patent protection shall be based on the scope determined by the claims. Protection scope of design patent rightsThe range is subject to the design patent product shown in the picture or photo.

Patent protection rights granted by a country or a region are only valid within the scope of that country or region. They have no legal effect in other countries and regions, and patent protection rights are not recognized. The term of patent protection: 20 years for invention patents and 10 years for utility model patents and designs from the date of application. If the patent protection period expires, the annual fee is not paid, or the patent is voluntarily surrendered, the patent right is no longer protected.

The independent claim includes a preamble and a characterizing part . The preamble shall state the name of the subject of the technical solution of the invention or utility model, and the necessary technical features shared by the closest prior art to the subject of the invention or utility model. The feature part shall state the technical features that are different from the closest prior art. The technical features in the characteristic part and the technical features in the preamble part together define the scope of protection claimed for the invention or utility model.

2. The scope of protection of design patent rights is as follows: The design patent product shown in the picture or photo shall prevail. Applying for a design does not require the submission of written documents such as claims and descriptions, but requires the submission of pictures or photos. The standard for judging whether there is infringement is: 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. Identical products refer to the same purpose and function; similar products refer to the same purpose. , the specific functions are different.

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