my country’s Patent Law stipulates that the scope of protection of an invention or utility model patent shall be determined by its claims.
According to Article 59 of the Patent Law of the People's Republic of China, the scope of protection of invention or utility model patent rights shall be based on the content of the claims, and the description and drawings may be used for explanation content of the claims. The scope of protection of a design patent right is based on the design of the product shown in the picture or photo. A brief description can be used to explain the design of the product shown in the picture or photo.
Article 62: In patent infringement disputes, if the accused infringer has evidence to prove that the technology or design he implemented belongs to the existing technology or existing design, it does not constitute an infringement of patent rights.
Extended information:
Article 60 of the "Patent Law of the People's Republic of China" without the permission of the patentee, exploiting the patentee shall infringe the patentee's patent rights and cause Disputes shall be resolved through negotiation between the parties; if they are unwilling to negotiate or cannot reach an agreement, the patentee or interested party may file a lawsuit in the People's Court or request the patent management department to handle the matter.
If the patent management department determines that the infringement is established, it may order the infringer to immediately stop the infringement. If the party is dissatisfied, it may, within fifteen days from the date of receipt of the handling notice, comply with the provisions of the People's Republic of China *** and the Administrative Litigation Law of the People's Republic of China to file a lawsuit in the People's Court; if the infringer does not file a lawsuit or stop the infringement upon expiration of the time limit, the department managing patent affairs may apply to the People's Court for compulsory enforcement. At the request of the parties concerned, the handling patent management department may mediate the amount of compensation for infringement of patent rights; if mediation fails, the parties concerned may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.
Baidu Encyclopedia - Patent Law of the People's Republic of China