1. The protection scope of patent right refers to the legal effect scope of patent right for invention, utility model and design. Patent right is an intangible property right. Clearly defining the scope of patent protection by law and drawing a clear line between patent infringement and non-infringement will not only help to fully protect the legitimate rights and interests of patentees according to law, but also help to avoid improperly expanding the scope of patent protection and harming public interests other than patentees.
Second, the scope of protection of the patent right for invention or utility model "is based on the content of the claim, and the claim can be explained by the specification and drawings". This provision includes two meanings:
1. The scope of protection of the patent right for invention-creation shall be subject to the claims, that is, the claims recorded in the claims put forward by the patent applicant and approved by the patent administration department of the State Council, and shall not be less than or beyond the scope of the claims recorded in the claims.
2. The description and drawings have the function of explaining the claim and can be used as the basis for explaining the claim. However, compared with the claims, the specification and drawings only have subordinate status, and can not be used as the basic basis for patent protection of inventions or utility models, but only as claims.
Three, the scope of protection of the patent right for design, "the pictures or photographs of the products represented by the patent for design shall prevail". This provision shows that the scope of protection of the design patent right is based on pictures or photographs reflecting the product design. It should be noted that the scope of "patented product of design represented by pictures or photographs" protected by the patent right of design should be the scope of similar products; Not the same product, even if the design is the same, can not be considered as infringement of patent rights.