Scope of protection of patent right of invention or utility model

The scope of protection of the patent right for invention or utility model refers to a new technical scheme that is suitable for practical use for the shape, structure or combination of products. Let's take a look at the scope of protection of the patent right of invention or utility model. Scope of protection of patent right for invention or utility model 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 shall be subject to the contents of its claims. 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 principle of estoppel. The scope of protection of the patent right for invention or utility model is roughly the above contents. For more information, please call Bajie Intellectual Property Online Customer Service. Bajie Intellectual Property Intellectual Property Focus: the business direction of trademark, patent, copyright, domain name and other intellectual property rights. The main business includes conventional intellectual property rights, foreign-related intellectual property rights and intellectual property transactions. Internet plus's dark horse enterprises in intellectual property industry.