The basis for determining the scope of protection of an invention patent is as follows:
1. The scope of protection of a patent right refers to the scope of inventions and creations involved in the legal effect of the patent right;
< p>2. The scope of protection of invention or utility model patent rights shall be based on the content of the claims. The description and drawings can be used to explain the claims;3. The scope of protection of design patent rights shall be based on the content of the claims. The design patent product shown in the picture or photograph shall prevail;
4. The legal documents that determine the scope of patent protection are claims, instructions, and photographs or pictures of the design.
Legal basis: Article 11 of the "Patent Law"
After an invention or utility model patent right is granted, except as otherwise provided for in this law, any unit or individual may not The patentee shall not exploit the patent without the permission of the patentee, that is, he shall not manufacture, use, offer for sale, sell, or import his patented products for production and business purposes, or use his patented method, or use, offer for sale, sell, or import directly in accordance with the patented method. products obtained. After the design patent right is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, it may not manufacture, offer for sale, sell, or import its design patented products for production and business purposes.