Legal analysis: the main basis for determining the scope of patent protection includes the following two points: 1, the scope of protection of invention patents and utility model patents. The scope of protection of the patent right for invention and utility model shall be subject to the contents of the claims, not strictly according to the words or wording in the claims. Sometimes, in order to understand the essence of the claim, you can consult the specification and drawings to understand the purpose of the invention, the function of the invention, the technical means adopted or the meaning of the technical features of the invention or utility model. 2. The protection scope of the design patent is limited to the design of the product in the picture or photo. Determine the scope of protection of design patents in accordance with the provisions of the Patent Law, its implementing rules and review guidelines.
Legal basis: Article 64 of the Patent Law of People's Republic of China (PRC), the scope of protection of the patent right for invention or utility model shall be subject to the content of the claim, and the content of the claim may be explained by the specification and attached drawings. The protection scope of the patent right of design shall be subject to the design of the product shown in the picture or photograph, and the brief description can be used to explain the design of the product shown in the picture or photograph.