Patent lawyers exposed to patent infringement litigation cases the first thing to know is to petition the contents of the patent, the first time to read the patented technology or can see the appearance of the product picture, from the patent content of the text to talk about patent cases Are patentable, the patent certificate can be said that the patent attorney needs the most familiar evidence, a good patent attorney can read the patent certificate content every word or even every word, the value of the patent certificate is the declaration of rights.The scope of protection of invention and utility model patent right is to claim as the main target, specification can be used to interpret the claim, the claim of right protection and the text is the same content, including the scope of protection of rights and requirements of the technical characteristics of the same characteristics to determine.The scope of design protection is based on pictures or photographs.
The scope of patent protection if it has experienced an invalid declaration, it is invalid to determine the scope of protection to determine the scope of the current stage of most of the patent invalid cases are decided to make a decision after the Patent Review Board website can be free inquiries to Invalid decision content, thus making it easy to know the scope of protection.Where the scope of patent protection is explained or limited in an invalid declaration, the scope of protection of the patent should be interpreted and limited.But also need to consider is the scope of the protection of functional technical features, as well as the specific implementation of the same way and determine the scope of protection.
The difference between the patent attorney and the majority of lawyers is that most of the patent attorneys have a background in science and engineering, and the difficulty of understanding the technology is relatively low. Sometimes the lawyers of some patents deliberately conceal the science education background, Caused by both liberal arts law and so understand the good illusion of technology.