What is the scope of patent protection? What are the three principles for defining the scope of patent protection?

How to judge and determine the scope of patent protection is the first and key issue of patent legal protection. China's Patent Law has absorbed the beneficial experience of foreign countries and defined the scope of patent protection for inventions, utility models and designs in different ways. Let me introduce you to what is the scope of patent protection. What are the three principles for defining the scope of patent protection? What is the scope of patent protection? 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. The legal documents that determine the scope of patent protection are claims, specifications, photos or designs. Principle 56 of China's Patent Law stipulates the scope of protection of patents for inventions and utility models: First, the scope of protection shall be subject to the contents of the claims; Second, the specification and drawings can be used to interpret the claims. What are the three principles for defining the scope of patent protection? First, the central restriction principle. This principle only needs to fully reveal the general idea of invention and creation through the contents of the specification and its drawings, and expand the scope of protection to a certain range around it. As long as the patentability conditions for granting patent rights are met, there is no need for high abstraction and generalization. Therefore, the central restriction principle can be further expanded and supplemented compared with the above-mentioned peripheral restriction principle, which can effectively prevent someone from using the loopholes in patent writing to escape the corresponding legal investigation in patent disputes, which is beneficial to enterprises. However, due to its vague scope of protection, there may be some unfair phenomena to the public, which is difficult to distinguish from it. Second, the principle of peripheral restrictions The principle of peripheral restrictions can only be understood and explained in strict accordance with the literal meaning of the claims, and no other extended explanations are allowed. Although this method can clearly present the scope of patent protection, it also has great risks. Because word games are very easy to find, once loopholes appear, they will be in a weak position in patent disputes. Therefore, the requirements for patent applicants or patent agents are extremely high, and patent writing should be considered every word. Third, the principle of compromise is between the above two. This principle is not limited to the external restrictions, but also cleverly avoids the central restrictions and expands the scope of patent protection to infinite injustice and embarrassment. It is a better way to find a balance of interests between the patentee and the public. At present, many countries use the eclectic principle to write patents, while China basically adopts the eclectic principle when defining the scope of patent protection. What is the scope of protection of patent right? What are the three principles for defining the scope of patent protection? We are here to answer this question for you. If you have more questions about patents, you can continue to pay attention to Bajie's intellectual property rights or contact us by phone.