The scope of protection of the patent right for invention or utility model shall be subject to the content of its claim, and the description and drawings can be used to explain its claim. It means that the scope of protection of the patent right shall be determined by the necessary technical features clearly recorded in the claims, including the scope determined by the features equivalent to the necessary technical features. Equivalent features refer to features that basically achieve the same functions and effects as the recorded technical features by basically the same means, and can be associated by ordinary technicians in the field without creative labor.
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 protection scope of the patent right of design depends on two aspects: one is the design expressed by pictures or photographs; The second is the product range used in the design specified when the patent is granted. Determining whether the designs are the same or similar should be based on similar products.