Scope of protection of invention patent

1. utility model: utility model can be a utility model of a patented product (or method) or a utility model of a non-patented product (or method). 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. 2. Product invention: The scope of protection of product invention patents is relatively certain, and generally it should include products with the same characteristics, the same structure and the same performance, regardless of the method used to manufacture the products. 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. It should also be pointed out that, in principle, the protection scope of the product invention patent right is not limited by the use described in the specification. According to Article 1 1 of the Patent Law, the patentee enjoys the exclusive right to manufacture, use, sell and import patented products. The word "use" should be understood in a broad sense, including all kinds of imaginable uses, and some unknown uses in the process of patent application and approval should also be included in its protection scope. However, if some unexpected or remarkable new uses of patented products are not obvious to ordinary professionals in their technical fields, these new uses should not be included in the scope of protection of product invention patents. 3. Method invention: The protection scope of method invention patents (including manufacturing methods, operation 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. 4. Duration of protection of invention patent: As long as the annual fee is paid on time every year, the duration of protection is 20 years from the date of application.