Legal analysis: the protection scope of patent right refers to the scope of invention and creation involved in the legal effect of patent right. The scope of protection of the patent right for invention or utility model shall be subject to the content of the claim, and the description and drawings may be used to illustrate the claim. The scope of protection of the patent right of design shall be subject to the patented product of design shown in pictures or photographs.
Legal basis: Article 59 of the Patent Law of People's Republic of China (PRC). Units or individuals applying for compulsory license in accordance with the provisions of Article 53, paragraph 1 and Article 56 of this Law shall provide evidence to prove that they have requested the patentee to license them to exploit the patent under reasonable conditions, but failed to obtain the license within a reasonable time.