Scope of protection of patent right: The scope of protection of patent right of invention or utility model is subject to the content 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 by the design specified when the patent is granted. Determining whether the designs are the same or similar should be based on similar products. The legal mode of the scope of patent protection: The definition mode of the scope of patent protection in modern countries can be divided into three types: the first is the "central definition" mode represented by the German patent system in the past. The second is the "peripheral restriction" model represented by the British and American patent systems. The third kind is called "compromise explanation". Often referred to as the "compromise interpretation" principle. The scope of patent protection is determined by the substantive content of the claim, not by the literal description of the claim. Since the establishment of 1985 patent system, China has always adopted "compromise interpretation" to define the scope of patent protection.
Legal objectivity:
Article 440th of the Civil Code of People's Republic of China (PRC) The following rights that the debtor or a third party has the right to dispose of may be pledged: (1) Bills of exchange, promissory notes and checks; (2) Bonds and certificates of deposit. (3) Warehouse receipts and bills of lading; (4) Transferable fund shares and equity; (5) Transferable intellectual property rights such as the exclusive right to use a registered trademark, patent right and copyright; (6) Existing and future accounts receivable; (7) Other property rights that can be pledged according to laws and administrative regulations. Article 444 of the Civil Code of People's Republic of China (PRC) pledges intellectual property rights such as the exclusive right to use a registered trademark, patent right and copyright, and the pledge right is established at the time of pledge registration. After the pledge of property rights in intellectual property rights, the pledgor may not transfer or license others to use them, unless the pledgor and the pledgee agree through consultation. The pledgor shall pay off the debts in advance to the pledgee or deposit the price for transferring or allowing others to use the pledged intellectual property rights.