1. What is the scope of protection of invention or utility model patent rights?
1. The scope of protection of an invention or utility model patent shall be based on the content of the claims. The description and drawings may be used to explain the content of the claims.
2. Legal basis: "Patent Law of the People's Republic of China"
Sixty-fourth 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 explain the content of the claims.
The scope of protection of design patent rights shall be based on the design of the product shown in the picture or photo. A brief description can be used to explain what the picture or photo means. Indicates the appearance design of the product.
2. What evidence should be collected for patent infringement
The evidence that the patentee needs to collect generally includes the following aspects:
(1) Evidence regarding the circumstances of the infringer.
As the saying goes, know yourself and the enemy, and you will be victorious in every battle. Therefore, the patentee should first know the exact name, address, business nature, registered capital, number of employees, business scope, etc. of the infringer. It is important to understand these situations and what strategies the patentee should adopt to deal with patent infringement.
(2) Evidence of the infringement fact.
The prerequisite for patent infringement is that there must be infringement. Therefore, evidence proving that the infringer has actually committed acts that infringe patent rights is crucial in the process of dealing with infringement. thisSome of the evidence include physical objects, photos, product catalogs, sales invoices, purchase and sales contracts, etc. of the infringing items.
(3) Evidence regarding compensation for damages.
The patentee may demand damages from the infringer. The amount of damages claimed may be the losses suffered by the patentee. However, the patentee must provide evidence to prove that due to the other party's infringement, the sales volume of its patented product has been reduced, or the sales price has been reduced, as well as other losses such as extra expenses or less income.
According to the provisions of the Patent Law, the scope of protection of an invention or utility model patent shall be based on the content of its claims. The description and drawings may be used for Explain the content of the claims. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
