Patent right is the right enjoyed by the inventor for the invention, utility model and design that he has been patented according to law.
Patent right, like trademark right, protects intangible assets and has the characteristics of exclusiveness, timeliness and regionality. Both the obligee and the obligee have the right to transfer the object of the right as the subject of the transaction, and both have the right to claim damages when they are illegally infringed. At the same time, the name and design of a patented invention can also be registered as trademarks. The main difference between patent right and trademark right is:
(1) Protection has different purposes.
Invention and creation protected by patent right refers to technical scheme or artistic creation and unique creativity in design. The purpose of protection is to encourage invention and creation, to promote the popularization and application of invention and creation, and to promote scientific and technological progress and innovation.
A trademark protected by trademark right is a symbol with distinctive features that distinguish the source of goods or services. The purpose of protection is to promote producers to ensure the quality of goods and maintain the reputation of trademarks, protect the interests of consumers, and promote the development of socialist commodity economy and fair competition.
(2) The object and scope of protection are different.
The object of a patent right is a patented invention, utility model or design. Among them, invention refers to a major new scientific and technological achievement that is advanced and can be applied through practice. Utility model refers to the innovative design of the shape, structure or combination of articles, also known as gizmos; Appearance design refers to a new design that is innovative, aesthetic and suitable for industrial application in the shape, pattern, color or their combination of products. The scope of protection of the patent right shall be subject to the contents of the invention and utility model claims, and to the patented product of design represented by pictures or photographs respectively.
The object of trademark right is a registered trademark composed of words, graphics or their combinations. The scope of protection of trademark rights is limited to trademarks approved for registration and goods approved for use.
(3) National authorities are different from applicable laws.
China's Patent Law (revised for the second time on August 25th, 2000) is the basic law of patent management. China National Intellectual Property Administration Patent Office is responsible for the administration of patent acceptance and patent application examination nationwide.
China's trademark law (20065438+0 65438+1the second revision on October 27th) is the basic law of trademark management. The Trademark Office of the State Administration for Industry and Commerce is in charge of the national trademark registration and management.
(4) The timeliness is different.
According to the patent law of our country, the validity period of invention patent is 20 years, and that of utility model and design patent is 10 years, which cannot be renewed after the expiration.
According to China's Trademark Law, the validity period of a registered trademark is 10 years, and the registration can be renewed and repeated applications can be made at the expiration of the period. There is no system. The validity period of each renewal registration is 10 year, so the validity period of the trademark right can be essentially indefinite.
Obviously, patent right and trademark right belong to two different types of intellectual property rights, which are obviously different and protected by patent law and trademark law respectively.
But under special circumstances, a part of one right object will appear in another right. Specifically, when the name and design of a patented invention meet the conditions stipulated in the Trademark Law, it can apply for registration as a trademark; Where the words, graphics and their combinations that are identical or similar to the registered trademark conform to the Patent Law, you may also apply for a patent for design. Because patent right and trademark right are protected by their own laws, when the owners of the two are different, there will be conflicts between patent right and trademark right. This situation can be solved according to the principle of Opinions on Dealing with the Conflict between the Exclusive Right of Trademark and the Patent Right of Design issued by the Trademark Office of the State Administration for Industry and Commerce (199565438+February 7). "Trademark exclusive right and design patent are important intellectual property rights, which are protected by the Trademark Law and the Patent Law respectively. The acquisition of these rights shall abide by the principle of good faith in the general principles of civil law and shall not infringe upon the prior rights of others. "
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