Legal analysis: The scope of protection of patent rights refers to the scope of inventions and creations involved in the legal effect of patent rights. 1. The scope of protection of an invention or utility model patent shall be based on the content of the claims. The description and drawings may be used to explain the claims. 2. The scope of protection of design patent rights shall be subject to the design patent product shown in pictures or photos.
Legal basis: "Patent Law of the People's Republic of China"
Article 42 The term of invention patent rights is twenty years, and the term of utility model patent rights is The term of design patent rights is ten years, and the term of design patent rights is fifteen years, both calculated from the date of application.
Article 45 From the date when the Patent Administration Department of the State Council announces the grant of patent rights, any unit or individual that believes that the grant of patent rights does not comply with the relevant provisions of this Law may request the Patent Administration Department of the State Council to declare The patent right is invalid.
Article 65: Exploiting the patent without the permission of the patentee shall infringe upon the patent right and cause disputes, which shall be settled through negotiation by the parties; if the parties are unwilling to negotiate or the negotiation fails, the patentee or Interested parties may file a lawsuit in the People's Court or request the patent management department to handle the matter. When the patent management department handles the matter, if it determines that the infringement is established, it may order the infringer to immediately stop the infringement. If the party is dissatisfied, it may, within 15 days from the date of receipt of the handling notice, comply with the "Administrative Litigation of the People's Republic of China and the People's Republic of China" Law of the People's Republic of China; if the infringer does not file a lawsuit or stop the infringement upon expiration of the time limit, the department managing patent affairs may apply to the People's Court for compulsory enforcement. At the request of the parties concerned, the handling patent management department may mediate the amount of compensation for patent infringement; if mediation fails, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.