1. The scope of protection of the patent right for invention or utility model shall be subject to the content of the claim, which may be explained by the specification or attached drawings. How to determine the content of patent protection shall be subject to the scope determined by 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. 2. 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) The application for design does not need to submit written documents such as claims and specifications, but it needs to submit pictures or photographs. (2) The criteria for judging whether there is infringement are: using the same or similar design on the same or similar product as the patented product is regarded as infringement, and the same product refers to the same use and function; Similar products refer to products with the same purpose but different specific functions. (3) Because of patent infringement, the infringer needs to bear legal responsibility, which mainly includes two aspects. One is to order the infringer to stop the infringement immediately, and the other is to order the infringer to compensate the losses suffered by the patentee. But in some cases, even if the patent is implemented without the permission of the patentee, it is not patent infringement. In this case, there are rational use of patents, compulsory licensing of patents and so on.
Legal objectivity:
patent law of the people's republic of china
second
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 that is aesthetically pleasing and suitable for industrial application, which is made on the shape, pattern or their combination of products and all or part of the combination of colors, shapes and patterns.
patent law of the people's republic of china
Article 64
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 can be used to illustrate the content of the claim.
The protection scope of the patent right of design shall be subject to the design of the product shown in the picture or photograph, and the brief description can be used to explain the design of the product shown in the picture or photograph.