The three kinds of patents stipulated in the Patent Law are: invention, utility model and design. Moreover, the scope of protection of the patent right for invention or utility model shall be confirmed at the request of the obligee, and the scope of protection of the patent right for design shall be subject to the design.
Legal objectivity:
The Interpretation of the Supreme People's Court on Several Issues Concerning the Applicable Law in the Trial of Patent Infringement Disputes (II) was adopted by the the Supreme People's Court Judicial Committee at its1676th meeting on 20125/0, and is hereby promulgated, and shall come into force as of April 25, 20 16. The Supreme People's Court 42450 Law Interpretation [20 16]No. 1 "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Patent Infringement Disputes (II)" (adopted at the1676th meeting of the Supreme People's Court Judicial Committee on April 65438, 2006, and implemented on April 65438). Article 1 Where there are more than two patent claims, the obligee shall specify the specific request of the accused infringer to infringe his patent right in the complaint. If the indictment is not recorded or clearly recorded, the people's court shall require the obligee to make it clear. If the obligee is still unclear after explanation, the people's court may rule to dismiss the prosecution. Article 2 In a patent infringement lawsuit, if the claim claimed by the obligee is declared invalid by the Patent Reexamination Board, the people's court hearing the patent infringement dispute case may rule to reject the lawsuit of the obligee based on the invalid claim. If there is evidence to prove that the decision to declare the above-mentioned creditor's rights invalid has been revoked by the effective administrative judgment, the obligee may file another lawsuit. If the patentee files a lawsuit again, the limitation period of action shall be counted from the date when the administrative judgment mentioned in the second paragraph of this article is served. Article 3. Where the patent right is declared invalid due to obvious violation of the provisions of paragraphs 3 and 4 of Article 26 of the Patent Law, and the specification cannot be used to interpret the claim, and it does not belong to the circumstances as stipulated in Article 4 of this interpretation, the people's court hearing the patent infringement dispute case shall generally decide to suspend the lawsuit; If the patent right has not been declared invalid within a reasonable period, the people's court may determine the scope of protection of the patent right according to the records in the patent claim. Article 4 There are ambiguities in the grammar, characters, punctuation marks, figures and symbols in the claims, specifications and drawings, which can be passed by ordinary technicians in the field.