Discussion On Donation Rules And Estoppel Rules As Well As Practical Suggestions For Implementation

Introduction

This article aims to introduce the constraining impacts of donation rules and estoppel rules on the scope of protection of patent claims, and offer pertinent suggestions in the practical implementation of patent application/patent invalidation procedures.

Related legislation

Article 17 of the Decision of the "Several Provisions of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Patent Dispute Cases" revised in 2015 states: "The protection scope of an invention or utility model patent right referred to in Article 59, paragraph 1 of the Patent Law, which states that 'the protection scope of an invention or utility model patent right shall be determined by the content of the claim, and the description and drawings can be used to explain the content of the claim', refers to the protection scope of the patent right shall be determined by all the technical features recorded in the claims, and also includes