What is the scope of protection of the invention patent?

What is the scope of protection of the invention patent? The scope of protection of a patent for invention or utility model shall be subject to the contents of its claims, and the description and drawings may be used to interpret the claims. The scope of protection of the patent right of design shall be subject to the patented product of design shown in pictures or photographs. (1) Scope of protection of patent right for invention or utility model According to Article 26 and Article 56, paragraph 1 of the Patent Law and Article 20, paragraph 1 of the Detailed Rules for the Implementation of the Patent Law, when determining the scope of protection of patent right for invention or utility model, we should pay attention to the following aspects: (1) The scope of protection of patent right for invention or utility model is based on its claim. That is to say, the fundamental basis for determining the scope of patent protection for invention or utility model is the patent claim, which is the whole and substantive content of the patent claim, rather than individual words or wording. If a technical idea is not recorded in the claim, even if it is embodied in the specification and drawings, it still does not belong to the scope of patent protection. Thus, what is not recorded in the claims can be excluded from the protection scope of the patent right. The patent claim is the basic basis for determining the scope of patent protection, and the specification and drawings cannot be used as the basis for determining the scope of patent protection, but only occupy a subordinate position. (2) As the basis for determining the scope of patent protection, the content of the claim must be clearly and accurately stated. In order to make a clear and accurate explanation of the technical features recorded in the claims and clarify the purpose and effect of the invention, we must refer to the specification and drawings. The specification and drawings have the legal function of explaining the claims. (3) When determining the scope of patent protection, in order to clarify the meaning of a technical term, you can also refer to the correspondence and documents between the patent administration department of the State Council, China and the applicant in the process of patent application. Of course, these letters and documents cannot be used as the basis for determining the scope of patent protection, but what the patentee said in these letters and documents is recognized, promised and abandoned, and the patentee cannot go back on his word in the future. This is the so-called "estoppel principle". (II) Scope of protection of design patent According to Article 56, paragraph 1 of the Patent Law, the scope of protection of design patent shall be based on the patented product of design shown in pictures or photographs. When determining the protection scope of the patent right for design, we should pay attention to the following aspects: (1) There are no claims and instructions in the application documents for patent for design, so the protection scope shall be based on pictures or photographs, even if the size is slightly different, it will not hinder the determination of rights. (2) The protection scope of the patent right for design is limited to the design used on the designated product when the patent right is granted, that is, others cannot use the same or similar design on the designated product. Patent Law Article 2 Invention-creation as mentioned in this Law refers 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 with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and the combination of colors, shapes and patterns. Different patents have different protection scopes. Here, I would like to warmly remind everyone that new inventions must be patented, which is a kind of protection for their own products. Applying for a patent has many advantages, which can prevent others from imitating the new technologies and products developed by this enterprise; Avoid being preempted by others to apply for a patent and avoid the embarrassment of withdrawing the exhibition at the exhibition.