1, central restriction principle.
The so-called central restriction means that the scope expressed in the body of the claim is only the minimum scope of patent protection. Focusing on the technical scheme recorded in the claim, we can fully understand the overall idea of invention and creation through the contents of the specification and its drawings, and the protection scope can be extended to a certain range around.
This makes the scope of the patent right not limited to the literal meaning of the claim, but better extends and covers all the substantive features of the patent scheme. The advantage of adopting the central restriction principle is that it can effectively prevent people from taking advantage of the defects in the writing of claims to escape the corresponding responsibilities, thus fully protecting the interests of patentees.
The disadvantage is that it will lead to the ambiguity and uncertainty of the scope of patent right. If the degree of external expansion is not well understood, new technological innovation may be regarded as infringement, thus hindering the innovation and development of science and technology.
2. The principle of peripheral restriction.
The so-called peripheral restriction means that the scope of patent protection is completely determined according to the text of the patent right, and the text of the patent right should be interpreted strictly and faithfully, and the scope of its text expression is the maximum scope of patent protection. The patentee must be restricted by this scope when exercising his rights, and shall not cross the border.
The advantage of this method is that the scope of patent protection is defined strictly according to the literal meaning of patent right by adopting the principle of external restriction, and no extended explanation is allowed.
Disadvantages are: the adoption of the principle of external restrictions puts high demands on the writing of patent applications, and the writing of patent claims must be scrutinized and carefully considered, otherwise the patentee may not be fully protected because of the defects in the writing of patent claims.
3. The principle of compromise.
This principle is the synthesis and compromise of the above two principles. The eclectic principle means that the scope of patent protection is determined by the substantive content recorded in the claim, not strictly by the text of the claim. When the technical features expressed in the claim are not clear, the description and drawings can be cited for explanation.
Judging from the development trend of patent system, most countries have more or less adopted a compromise between the two. For example, Article 69 of the European Patent Convention stipulates: "The scope of protection of a European patent or a European patent application is determined by the content of the claim, and the description and drawings can be used to interpret the claim."
This principle is reasonable, which can not only effectively protect the patentee's patent right, but also avoid the uncertainty of the scope of patent protection.