Selecting the scope of protection of an enterprise's patent application is of great significance to improving the quality of patent applications and obtaining tangible exclusive monopoly rights. The scope of protection of a patent application is determined by the claims of the patent application. According to the principles of patent law, patent claims express the technical substance of an invention or utility model by the sum of its technical features. The claims play the role of defining the scope of protection requested by the patent application and the scope of patent protection. After a patent application is granted patent rights, the claims are the basis for confirming the scope of protection of the invention or utility model patent, and are also the basis for determining whether others have infringed the patent. In the practice of corporate patent application strategies, sometimes a high-quality invention obtains very low patent protection because the scope of protection of the claims is improperly determined. For example, the technical points that could otherwise be protected are not covered in the claims. , thereby losing patent protection, this is a lesson worth learning. 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.
In addition, when enterprises determine the scope of protection of patent applications, in order to prevent competitors from implementing "bypass strategies", they can implement corresponding "anti-bypass strategies" . The basic idea is to assume that technical personnel other than patent technical personnel are competitors of the patentee, evaluate the patent application from two opposite perspectives, consider the possible avoidance strategies adopted by competitors, and then evaluate the claims of the patent application. The patent application shall be appropriately revised to expand the scope of protection determined by the claims as much as possible and extend the scope of patent protection to the technical scope that competitors may think of. The purpose of "anti-bypass strategy" is to prevent competitors from using "bypass strategy" to deal with their own patents. The basic point of its implementation is to "spare" one's own patent before competitors and apply for a patent again to prevent competitors from passing Spare yourself the patent using the same method you first discovered.