If the protection scope claimed by the applicant at the time of publication of the invention patent application is inconsistent with the protection scope of the patent right at the time of the announcement of grant of the invention patent, how to determine that the doer has exploited the patent during the temporary protection period (i.e. the period from the date of publication of the invention patent application to the date of announcement of grant of the invention patent)?
The regulations on stage may request a refund of 100% of According to article 18(2) of the Interpretation II of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Patent Infringement Dispute Cases, where the protection scope claimed by the applicant at the time of the publication of the invention patent application is inconsistent with the protection scope of the patent at the time of the announcement of grant of the invention patent, and the accused technical solution falls within both of the foregoing two protection scopes, the court shall determine that the defendant (doer) exploited the relevant invention during the temporary protection period; where the accused technical solution falls within only one of the two protection scopes, the court shall determine that the defendant didn’t exploit the invention during the temporary protection period.
