The principle of "peripheral restriction" in the scope of patent protection
The principle of determining the scope of patent protection refers to determining the scope of patent protection according to the literal description of the claim. The following small series specifically explains the principle of defining the scope of patent protection. Scope of patent protection If you need professional patent services, Bajie Intellectual Property will help you! Bajie's intellectual property business has developed rapidly, focusing on trademark, patent, copyright, domain name and other intellectual property business directions. Bajie's intellectual property patent application and patent transfer agency services have been recognized by the industry. If you have the demand of patent transfer and patent application transaction, please consult Bajie Intellectual Property Customer Service as soon as possible. The principle of perimeter limitation of the scope of patent protection The so-called perimeter limitation means that the scope of patent protection is completely determined according to the words of patent claims, and the words of patent claims should be strictly and faithfully interpreted, and the scope of their words is the maximum scope of patent protection. The patentee must be restricted by this scope to exercise his rights and must not cross the border. Advantages: The principle of peripheral restriction is adopted, and the scope of patent protection is limited according to the literal meaning of the claim, and no extended explanation is allowed. Disadvantages: The principle of peripheral restriction puts high demands on the writing of patent applications, and the writing of patent claims must be repeatedly promoted and carefully considered, otherwise the patentee may not be fully protected because of the defects in the writing of patent claims. According to this principle, the claim is the only basis for determining the scope of patent protection, and the literal scope recorded in the claim is the largest scope involved in the technical features of the patent protection invention or utility model, which should be interpreted in strict accordance with the literal records in the claim. Any technical content that is not included in the claims shall be excluded from the scope of patent protection.