The patent for utility model is protected within the scope of protection stipulated by the patent law. According to the law, the scope of protection of the patent right for invention or utility model is subject to the content of the claim, and the content of the claim can be explained by the specification and attached drawings.
Legal objectivity:
The Patent Law of People's Republic of China (PRC) stipulates that "if the application for a patent for utility model or design is not found to be rejected after preliminary examination, the patent administration department of the State Council shall make a decision to grant the patent right for utility model or design, issue the corresponding patent certificate, and register and announce it at the same time."
The Detailed Rules for the Implementation of the Patent Law of People's Republic of China (PRC) stipulates that "the preliminary examination is to examine whether the patent application has the required documents and other necessary documents, and whether these documents conform to the prescribed format and content." The above provisions are clear. Before the announcement of utility model patents and design patents, the patent administrative department of the State Council shall examine the application documents submitted by the applicant according to law, and the examination shall be conducted in accordance with the following procedures: