The principles for determining the scope of patent protection: the determination principle for central limitation, the determination principle for peripheral limitation, and the determination principle for compromise. According to relevant legal provisions, the scope of protection of patent rights includes inventions, utility models and designs.
Legal basis
Article 2 of the "Patent Law of the People's Republic of China" that came into effect on June 1, 2021
What is referred to in this law Inventions and creations refer to inventions, utility models and designs.
Invention refers to a new technical solution proposed for a product, method or improvement thereof.
Utility model refers to a new technical solution proposed for the shape, structure or combination of a product that is suitable for practical use.
Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, based on the overall or partial shape, pattern, or combination of the product, as well as the combination of color, shape, and pattern.
Article 64
The scope of protection of a patent right for an invention or utility model shall be based on the content of the claims. The description and drawings may be used to explain the content of the claims.
The scope of protection of design patent rights shall be based on the design of the product shown in the picture or photo. A brief description can be used to explain the design of the product shown in the picture or photo.