What is the scope of invention and creation protected by the patent law?

1. What is the scope of invention-creation protected by the patent law? Inventions and creations protected by China's patent law include inventions, utility models and designs. (1) Invention: Invention refers to a new technical scheme proposed for a product, method or its improvement. According to China's patent law, there are two kinds of inventions that can be patented, one is product invention and the other is method invention. (2) Utility model: The so-called utility model refers to a new practical scheme for the shape, structure or combination of products. The utility model patent only applies to products, not to process methods. For example, the new design of machine tool appearance is the design of product modeling; It is a new product structure design to combine the receiver and transmitter separated from the old telephone. Combining the reform of telephone appearance with the design of dialing keyboard is a new design of telephone appearance and structure. (3) Appearance design: refers to a new design that is aesthetically pleasing and suitable for industrial application for the appearance, pattern, color or their combination of products. The design must be attached to the product. If it exists independently of the product, it does not belong to the design in the patent law. Appearance design is only limited to the artistic design of product appearance, and does not involve the technical performance of the product. The scope of protection of the patent right The scope of protection of the patent right for an invention or utility model shall be subject to the contents of its claim, and the description and drawings can be used to illustrate its claim. It means that the scope of protection of the patent right shall be determined by the necessary technical features clearly recorded in the claims, including the scope determined by the features equivalent to the necessary technical features. Equivalent features refer to features that basically achieve the same functions and effects as the recorded technical features by basically the same means, and can be associated by ordinary technicians in the field without creative labor. The scope of protection of the patent right of design shall be subject to the patented product of design shown in pictures or photographs. The protection scope of the patent right of design depends on two aspects: one is the design expressed by pictures or photographs; The second is the product range used in the design specified when the patent is granted. Determining whether the designs are the same or similar should be based on similar products. To sum up, the reason why the Patent Law takes these matters as protection objects and brings them into the scope of the specification through registration procedures is mainly because these similar types of objects or design contents are from the invented state to the practical state, which has played a relative role in the development of society and must be protected, otherwise the interests of inventors who are vulnerable to infringement will be protected.