1. The patent must be a valid patent. Some patent applicants think that after getting the patent application number, they get the patent right. In particular, some applicants for invention patents, after passing the preliminary examination and publishing, think that they have obtained the patent right. These are all caused by the lack of patent common sense. Obviously, a patent that is truly fully protected by law must be an invention that has been granted a patent right, and it must be within the validity period of the patent right, otherwise it cannot be fully protected by law.
2. The patent must be a patent in an effective field protected by the laws of a country or region. Because the patent right is geographically limited, only inventions that have been applied for and patented in a certain country are protected. For example, in China, only patents that have been patented in China are protected, and a foreign patent right is not protected by law in China. Of course, it is impossible to infringe foreign patent rights in China. Because some comrades in Chinese enterprises don't know the basic knowledge of patents, there have been cases when the other party asked for the payment of foreign patent royalties in the contract when introducing foreign technology, and we readily agreed. If the content of foreign patented technology wants to be protected in China, the patent applicant must apply for the same technology in China within the prescribed priority period and obtain the patent right in China.
Its essential conditions are: what are the general principles of legal protection of patent rights? Article 59 of China's Patent Law stipulates the general principle of the scope of patent protection: "The scope of protection of the patent right of an invention or utility model shall be subject to the contents of its claim, and the claim may be explained by the specification and drawings." The general principles of the scope of patent protection determined by the patent laws of other countries are basically the same.
According to the provisions of China's patent law, when determining the scope of protection of the patent right, the technical content recorded in the patent claim shall prevail. When the content given in the claim is unclear or inaccurate, a comprehensive judgment can be made by combining the specification and the attached drawings of the specification.