What is the scope of protection right of invention patent?

I. Scope of Protection of the Patent Right for Invention Article 56 of the Patent Law stipulates that the scope of protection of the patent right for invention or utility model shall be subject to the contents of the claim, and the claim may be explained by the description and drawings. "That is to say, the scope of protection of the patent right for inventions and utility models in China's patent law is based on the content of the claims, rather than determining the scope strictly according to the words or wording in the claims. Sometimes, in order to understand the essence of the claims, we can refer to the description and drawings to understand the purpose of the invention, the function of the invention, the technical means adopted or the meaning of the technical features of the invention or utility model. When determining the protection scope of invention patent right and utility model patent right, we should also consider the following points: (1) The content of the patent claim shall prevail, and the determination of the patent scope shall prevail. The appended drawings and specifications only play the role of explaining the patent right, that is to say, the technical scheme only recorded in the specification or drawings but not recorded in the patent right cannot be included in the protection scope of the patent right. The scope of protection of the patent right cannot be determined by the specification or the appended drawings. When the specification or drawings are inconsistent with the claims, the contents of the claims shall prevail. (2) How to treat Claim A? The function of Claim has two functions: First, it serves as a basis for judging whether a patent is novel and creative; Second, it is the basis for the public and judicial administrative organs to judge the technical scheme required by the patent right, that is, to express the protection scope of the patent right to them through concise words. B. Determination of the content of claims According to the detailed rules for the implementation of the Patent Law, claims include independent claims and subordinate claims. Among them, the independent claim shall reflect the technical scheme of the invention or utility model as a whole and record the necessary technical features to solve its technical problems "; The dependent claims shall further define the cited claims with additional technical features. "The technical content recorded in the claim shall be regarded as a complete technical scheme, that is, the technical scheme expressed by all technical features recorded in the independent claim shall be regarded as a whole, and the technical features recorded in the preamble and the technical features recorded in the feature part shall be combined to determine the scope of patent protection, and the technical features of the preamble and the feature part shall have the same effect on limiting the scope of patent protection. C. From the content of the claims, the protection scope of the patent right, whether it is an independent claim or a dependent claim, is defined by all the technical features recorded in the claims, and the sum of these technical features constitutes the technical scheme required by the claims. Every technical feature recorded in the claim has a certain limiting effect on the protection scope of the claim. That is to say, as long as a technical feature is written into the claim, it means that the technical scheme required by the patentee contains the technical feature. Therefore, if a technical scheme reproduces all the technical features recorded in the claim, it indicates that the technical scheme belongs to the protection scope of the claim. If a technical scheme not only contains all the technical features of a claim, but also contains the technical features not recorded in one or more claims, the technical scheme still belongs to the protection scope of the claim. The above two situations, we call it the principle of universal application in infringement judgment. " In addition, if a technical scheme only contains some technical features recorded in the claim, and one or more of them are missing, it is generally considered that the technical scheme does not belong to the protection scope of the claim. Therefore, the scope of protection of patent right is summarized as follows: the less the number of technical features recorded in a claim, the higher or more abstract the technical terms used to express these technical features, the greater the scope of protection of the claim; On the contrary, the more technical features recorded in the claims, the lower or more specific the technical terms used to express these technical features, and the smaller the scope of protection. (3) When judging the scope of patent protection, especially when judging patent infringement, there are two principles to be considered, namely, the principle of equivalence and the principle of estoppel. Second, the scope of protection of the patent right for design Article 56, paragraph 2 of China's patent law stipulates that the scope of protection of the patent right for design shall be subject to the patented product for design shown in pictures or photographs. "That is, the protection scope of design patents is limited to the product design in pictures or photos. According to the provisions of the Patent Law and the detailed rules for the implementation, the following aspects should be considered: First, the scope of protection of design is the design of a product, which protects the design of a specific product. If the product belongs to different or similar categories, even if the design is the same, it does not belong to the protection scope of the design; Two, the scope of protection of the patent right of design does not include the function, internal structure, technical performance and other design contents that have no significant impact on the overall visual effect; Third, the protection scope of the patent right of design does not include the design content that consumers can't easily see or see in normal use, or that has no aesthetic effect on the product; Fourth, if the patentee of a design requests to protect the color, it shall state it in the brief description of the patent and submit pictures or photographs containing the color at the same time. For those who ask for color protection, the color requested for protection should be regarded as one of the elements to limit the scope of patent protection of design, that is, when judging infringement, the shape, pattern, color and their combinations contained in the design should be compared with the accused infringing products one by one.