How to determine the scope of protection of patent claims
The scope of protection of a patent right refers to the legal effect of the patent right the scope of inventions and creations. The scope of protection of an invention or utility model patent shall be based on the content of the claims, and the description and drawings may be used to interpret the claims. The scope of protection of a design patent shall be subject to the design patent product shown in pictures or photos.
The legal document that determines the scope of patent protection is a right Request form, instructions, photos or pictures of the design.
"Patent Law"Article 56 stipulates in principle the scope of protection of invention and utility model Patent rights: first, the scope of protection shall be based on the content of the claims; Second, the description and drawings can be used to interpret the claims.
Article 59 stipulates that the scope of protection of an invention or utility model patent shall be based on the content of its claims. The design patent right shall be based on the design patent product shown in the picture or photo. The content of the description and the drawings may be used to interpret the claims. Contents that are not stated in the claims but features that are stated in the description or drawings cannot be included in the scope of protection.
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