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What is the scope of patent protection?
Release Time：
2020-04-01
The scope of protection of an invention or utility model patent right is determined by the content of its claims, and the specification or accompanying drawings may be used to interpret the claims. How to determine the content of patent protection is based on the scope determined by the claims. Independent claims include a preamble section and a characterization section. The preamble part states the name of the subject matter of the technical solution of the invention or utility model, and the necessary technical features common to the closest prior art of the subject matter of the invention or utility model, and the feature part should state the technical features distinguishing it from the closest prior art. Characteristics of the technical characteristics of the part and the preceding part of the technical characteristics together, to limit the scope of the invention or utility model protection requirements.
Example of a technical requirement: a product consisting of A, B, characterized by C, D, the claim requires protection of the technical program including the complete A, B, C, D and not only technical features C, D. If the product of others only contains technical features, such as A, B, C, or A, B, D are not infringing, and only cover all the technical features of A, B, C, D is infringing.
The scope of protection of a design patent right is based on the patented design product as represented in the picture or photograph. The application for a design does not require the submission of written description documents such as claims and specifications, but rather the submission of pictures or photographs. The criteria for determining whether an infringement has occurred are: if the same or similar design is used on a product that is identical or similar to the patented product, it is considered to be an infringement. Identical product means the same use and the same function; similar product means the same use and a different specific function.
Source: China Intellectual Property Rights Defense Assistance Network
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