The parties may choose dependent claims to determine the scope of patent protection. Since the "claim" in the patent law is not limited to the "independent claim", it should also include the "dependent claim" stipulated in the detailed rules for the implementation. "Dependent claims" are additional technical features, and the claims cited by them, including independent claims, are further defined.
Legal objectivity:
The Supreme People's Court's Reply to the Request for Instructions on whether the parties can choose dependent claims to determine the scope of patent protection Article 1 If the parties give up their independent claims and voluntarily choose dependent claims to determine the scope of patent protection, the people's court shall allow it. Paragraph 1 of Article 56 of the Patent Law stipulates that the scope of protection of the patent right for an invention or utility model shall be subject to the contents of its claims. Paragraph 1 of Article 21 of the Detailed Rules for the Implementation of the Patent Law stipulates that patent claims shall have independent claims or subordinate claims. As the "claim" mentioned in the first paragraph of Article 56 of the Patent Law is not limited to the "independent claim" stipulated in the first paragraph of Article 21 of the Detailed Rules for the Implementation of the Patent Law, it should also include the "dependent claim" stipulated in the Detailed Rules for the Implementation.