What are the principles for determining the scope of patent protection?

What are the principles for determining the scope of patent protection? There are three kinds of patents, namely invention, utility model and design. The term of patent protection stipulated in China is different, so what is the principle to determine the scope of patent protection? Principles for determining the scope of patent protection What are the principles for determining the scope of patent protection? The legal protection of patent right is the protection of the patentee's rights and interests by the laws of a country, but patent right is an intangible property right, which is different from tangible property, and it is not easy to define its protection scope. To this end, legislators have produced and adopted different theories, which have become legal principles. (I) Principle of perimeter definition The so-called principle of perimeter definition means that the scope of patent protection is the maximum recorded in the patent claim, and the content of the patent claim can only be interpreted in strict accordance with the text of the patent claim. Generally speaking, the principle of peripheral restriction has obvious certainty, which is beneficial to the public to understand the scope of patent rights more clearly, but its defect is that it is not conducive to protecting the rights of patentees and makes the writing of patent claims more important. (II) Principle of central definition The so-called principle of central definition refers to taking the contents recorded in the patent as the center and understanding the scope of protection as a whole according to the contents, nature and purpose of the patent, that is, referring to the specification and drawings, the technology within a certain range centered on the patent also belongs to the scope of patent technology. The central restriction principle is put forward to make up for the deficiency that the marginal restriction principle is strictly based on patent claims, and it is difficult to explain the contents recorded in patent claims because some essence is infringement. (III) Compromise Principle The above two principles inappropriately expand or narrow the scope of patent protection. How to balance the patentee's rights and public interests, so there is a comprehensive compromise principle for the above two principles. The principle of compromise is subject to the content expressed in the claims, and the description and drawings can be used to explain the claims. (IV) Principle of Equivalence The so-called principle of equivalence means that the scope of patent protection is subject to the claims, but it is not limited to being exactly the same as the technical features in the claims, but needs to be the same as the technical features, and there is no substantive difference. Equivalence refers to a feature that can achieve basically the same function and achieve basically the same effect by basically the same means as the technical features recorded in the claims, and can be associated by ordinary technicians in the field without creative labor. (V) Principle of estoppel The principle of estoppel refers to what the patentee has explicitly given up orally or in writing in the process of patent application and examination, and can no longer be used to explain the patent claim in favor of the patentee. In fact, the principle of estoppel restricts the interpretation of the contents recorded in the patent claim, which can effectively prevent the patentee from breaking his word, claiming that the characteristic parameters of a certain technology are novel when applying for a patent, and thinking that the characteristic parameters can be interpreted as the characteristic parameters of other technologies in infringement litigation. This principle is not stipulated in China's patent law. What are the principles for determining the scope of patent protection? For more information, please call Bajie Intellectual Property Online Customer Service. Bajie Intellectual Property Intellectual Property Focus: the business direction of trademark, patent, copyright, domain name and other intellectual property rights. The main business includes conventional intellectual property rights, foreign-related intellectual property rights and intellectual property transactions. Internet plus's dark horse enterprises in intellectual property industry.