A patent for utility model refers to a new technical scheme for the shape, structure or combination of products, which is suitable for practical use. In contrast, utility model patents are less creative, have not been substantially examined at the time of authorization, and have poor patent stability, so the restrictions brought by a large number of utility model patents on the freedom of market operation are particularly prominent. In judicial trials, reasonably defining the scope of protection of utility model patents and preventing technological monopoly and vicious competition on the premise of encouraging technological innovation should be a factor that can not be ignored in strengthening intellectual property protection in China at present, which is of positive significance to achieving the goal. Significance of defining the protection scope of utility model patent right;
(1) Defining the scope of rights protection is the essential requirement of the patent system. The patent system originated from the feudal franchise system, and its theory mainly includes three aspects:
One is to reward inventors for creating technological achievements through labor, so as to improve their enthusiasm for innovation;
Second, the conditions for granting patent rights are set in advance by law to grant patent rights to qualified technical solutions, so that inventors can enjoy exclusive interests and prevent unfair competition;
Third, the patentee obtains the exclusive right of the patented technology for a period of time at the expense of disclosing the content of the technological invention to the public, and the patent examination institution examines and authorizes the inventor's claim on behalf of the public. The author believes that the inventor's exclusive right to patent is not only the result of rewarding his technological innovation, but also the product of considering the overall interests of society. Therefore, the patent system is more regarded as a tool of public policy, which grants privileges to individuals or units only to produce greater public interests.
Defining the scope of rights protection reflects the value balance between the inventor's will demand for patent exclusive interests and the constraint on the inventor's will based on public interests. A reasonable definition of the scope of rights protection will not only stimulate technological innovation, but also promote the popularization and application of technology and prevent public interests from being infringed by the abuse of patent rights.
(2) Reasonable definition of the scope of rights protection is a historical choice for the development of patent system. In the early days of the patent system, the excessive issuance of patent rights by feudal monarchs caused serious public dissatisfaction, which gave birth to 1474 Venice Patent Law and 1623 British Monopoly Law.
Legal basis:
Article 64 of the Patent Law of People's Republic of China (PRC) The scope of protection of the patent right for invention or utility model shall be subject to the content of the claim, and the content of the claim may be illustrated by the specification and attached drawings. The protection scope of the patent right of design shall be subject to the design of the product shown in the picture or photograph, and the brief description can be used to explain the design of the product shown in the picture or photograph.