What is the scope of protection of the invention patent right?
A good idea can be protected by applying for a patent to avoid being illegally infringed by others. So what is the scope of protection of the invention patent right? Next, Bajie Intellectual Property takes you to know the relevant knowledge. Scope of protection of invention patent (1) The scope of protection of design patent shall be subject to the patented product of design shown in pictures or photographs. 1. The application document for a patent for design does not contain requirements and specifications, so the scope of protection is based on the patented product of design in the picture or photo, and the slight difference in size does not affect the determination of rights. 2. The protection scope of the patent right for design only protects the design on the product specified by the patent, that is, others on the same type of product cannot use the same or similar design. (2) The scope of protection of the invention patent right is subject to the content of the claim, and the description and drawings of the invention patent can be used to explain the claim. (3) The scope of protection of the patent right for utility model shall be subject to the contents of the patent claim, and the patent claim may be illustrated by the description and drawings of the new patent for utility model. 1. The fundamental basis of the scope of patent protection for inventions and utility models is the whole and substantial contents of the claims, and the contents not recorded in the claims are not included in the scope of patent protection. 2. The patent claims for inventions and utility models shall clearly and accurately explain the technical characteristics of the patent and clarify the purpose and effect of the patented invention. The specification and drawings can be used and only used to interpret the patent claims. 3. In the process of determining the scope of patent protection, we can refer to the letters and documents between the patent administrative department of the State Council and the applicant to clarify the meaning of professional and technical terms. These letters and documents cannot be used as the basis for determining the scope of patent protection, but the contents recognized, promised or abandoned by the patentee in the letters or documents are valid.