1. The scope of protection of the patent right for invention or utility model shall be subject to the content of the claim, which may be explained by the specification or attached drawings. How to determine the content of patent protection shall be subject to the scope determined by the claims. 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 patent protection right granted by a country or region is only valid within the scope of that country or region, and other countries and regions have no legal effect, so the patent protection right is not recognized. Term of patent protection: 20 years for invention patents, and 10 year for utility model patents and designs from the date of filing. If the patent protection period expires, the annual fee is not paid or the patent is voluntarily abandoned, the patent right will no longer be protected. The independent claim includes a preamble part and a characteristic part. The preface shall indicate the name of the technical scheme of the invention or utility model, the necessary technical features of the existing technology closest to the theme of the invention or utility model, and the technical features different from the closest existing technology shall be indicated in the feature part. The technical features of the characteristic part are combined with the technical features of the preamble part to define the scope of protection required by the invention or utility model.
For example, in a technical claim, a product consists of A and B, and is characterized by C and D. The technical scheme required to be protected in the claim includes complete A, B, C and D, not just technical features C and D. If someone else's product only contains technical features, examples A, B, C or A, B and D are not infringement, only when all technical features of A, B, C and D are covered.
2. 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 application for design does not need to submit written documents such as claims and specifications, but it needs to submit pictures or photographs. The criteria for judging whether there is infringement are: using the same or similar design on the same or similar product as the patented product is regarded as infringement, and the same product means the same use and function; Similar products refer to products with the same purpose but different specific functions.
Second, the protection method
After the patent right is infringed, the patentee can protect his patent right in three ways.
1, negotiation;
2. Request the patent administration department to mediate;
3. file a patent infringement lawsuit.
Patent protection is the necessity of current economic development. In order to get better development in the future economic market, we should protect our intellectual property rights, that is, patent protection.