Scope of protection of invention patent

The relevant answers to the question "Standard of the scope of protection of invention patents" are as follows: The scope of protection of invention patents is as follows: (1) The scope of protection of invention and utility model patents. Paragraph 1 of Article 59 of China's Patent Law stipulates that the scope of protection of a patent for invention or utility model shall be subject to the content of its claim, and the claim may be explained by the specification and attached drawings. Article 20 of the Detailed Rules for the Implementation of the Patent Law stipulates that the patent claim shall specify the technical features of the invention or utility model and clearly and concisely state the scope of the requested protection. Therefore, when determining the scope of patent protection, firstly, the content of the patent right shall prevail, in which "Yi" refers to the essential content of the technical characteristic parameters recorded in the patent right. On this premise, the patent right can be explained by using the specification and attached drawings. The explanation here is to grasp the requirements of the claim as a whole, but not as a reference when some technical parameters and characteristics in the claim are unclear. Of course, this interpretation does not mean that it can go beyond the understanding of the specification and drawings by ordinary technicians in this technical field and extend to the scope expected by the patentee. The Supreme People's Court interprets this as: the scope determined by the necessary technical features clearly recorded in the claims shall prevail, including the scope determined by the features equivalent to the necessary technical features. The so-called equivalent features refer to the features that are basically the same as the recorded technical features, achieve basically the same functions and achieve basically the same effects, and can be associated by ordinary technicians in the field without creative labor. (II) Scope of Protection of Design Paragraph 2 of Article 59 of China's Patent Law stipulates: "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 fourth paragraph of Article 2 of China's Patent Law also stipulates that appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern or combination of products and the combination of color and shape and pattern. The scope of protection of design is based on products suitable for industrial application, and it is the shape and pattern of products, or the combination of shapes and patterns or the combination of colors, patterns and shapes. The shape, pattern or combination of products and the combination of colors should be beautiful. Therefore, the standard that the protection scope of design is based on the patented product of design shown in pictures or photographs is very subjective. The pictures or photos of the product itself can't fully reflect the product itself, and there are differences between the visual reflection of people and the objective performance of the product, especially the restoration effect of color photos can't be perfect, not to mention that the modeling is a whole composed of points, lines and surfaces, and different perspectives have different effects, especially colors. Therefore, it is impossible for people to fully agree with the identification of a design that combines color with shape and pattern. Therefore, we believe that the protection scope of the patent right of design should be extended to similar designs.