1. The scope of protection of patent right refers to the scope of invention and creation involved in the legal effect of patent right.
2. The scope of protection of the patent right for invention or utility model shall be subject to the content of the claim, and the description and drawings can be used to illustrate the claim.
3. The scope of protection of the patent right of design shall be subject to the patented product of design shown in pictures or photographs.
4, determine the scope of patent protection legal documents are claims, specifications, design photos or pictures.
When determining the scope of patent protection for inventions and utility models, the interpretation of the scope described in the claims is the key issue. From different standpoints and according to different interpretation principles, the scope of protection is different.
According to different types of patents, the scope of protection stipulated by law is different. 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. The scope of protection of the patent right of design shall be subject to the patented product of design shown in pictures or photographs.
Legal basis:
patent law
second
Invention-creation as mentioned in this Law refers to inventions, utility models and designs.
Invention refers to a new technical scheme proposed for a product, method or its improvement.
Utility model refers to a new practical technical scheme for the shape, structure or combination of products.
Appearance design refers to a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and the combination of colors, shapes and patterns.