It is relatively certain that the protection scope of product invention patents should generally include products with the same characteristics, structure and performance.
The protection of product invention patents should not be limited to the methods described in the manual, and any identical product manufactured by other methods will be beneficial to infringement. Because the product manufacturing method described in the specification is generally only used to illustrate the enforceability of the product, and should not be used to limit the protection scope of the product described in the claims.
Second, the scope of protection of the method invention patent.
Methods The scope of protection of invention patents, including manufacturing methods, operating methods and other invention patents, should generally include methods with the same characteristics, parameters and effects. Instruments, equipment, tools and equipment, etc. The invention used in the implementation of this method should not limit the scope of protection of the patent rights of this method.
Third, the scope of protection of utility model patents.
The utility model can be a utility model of a patented product or a utility model of a non-patented product. Where a utility model patent obtained by the former is exploited, an exploitation license contract must be concluded with the patentee of the product patent.
Since the utility model invention is based on a known product (or method), the scope of patent protection can only be limited to the protection of the uses directly mentioned in the claims, and the description is limited to some illustrative explanations.
legal ground
patent law
Article 2 Inventions and creations mentioned in this Law refer to inventions, utility models and designs.
Invention refers to a new technical scheme proposed for a product, method or its improvement.
Utility model refers to a new practical technical scheme for the shape, structure or combination of products.
Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application, which is made on the shape, pattern or their combination of products and all or part of the combination of colors, shapes and patterns.
Article 64 The scope of protection of the patent right for invention or utility model shall be subject to the contents of the claims, and the description and drawings may be used to explain the contents of the claims.
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.