1. Conditions for granting a patent:
1. Novelty
Novelty means that before the filing date, the same invention or utility model has not been published in domestic or foreign publications, has not been publicly used in China, or has been known to the public in other ways, and has not been The same invention or utility model has been filed with the Patent Office by others and is recorded in patent application documents published after the filing date. In some special circumstances, although the invention or utility model for which a patent is applied for is published before the filing date or priority date, if a patent application is filed within a certain period, it will still be novel. my country's Patent Law stipulates that the novelty of an invention-creation for which a patent is applied for shall not be lost if one of the following circumstances occurs within 6 months before the filing date:
·For the first time at an international exhibition sponsored or recognized by the Chinese government Exhibited;
·Published for the first time at a prescribed academic conference or technical conference;
·Others leak the content without the applicant's consent.
2. Creativity
Creativity means that compared with the existing technology before the filing date, the invention has outstanding substantive features and significant progress, and the utility model has substantive features and progress. For example, the patented invention solves a technical problem that people are eager to solve but has not yet solved; the patented invention overcomes technical prejudice; the patented invention achieves unexpected technical effects; the patented invention achieves commercial success. Whether an invention patent is creative depends on whether the invention is novel.
3. Practicality
Practiceability means that the invention or utility model can be manufactured or used and can produce positive effects, that is, it will not cause environmental pollution, serious waste of energy or resources, and will not harm human health. If the invention or utility model applied for patent lacks technical means, the technical solution applied for patent violates the laws of nature, or the technical solution is completed by taking advantage of unique natural conditions, it will not be practical.
2. Common forms of trademark infringement:
1. Preemptively register unregistered trademarks that they have already used and have certain influence.
2. Imitate or copy their well-known trademarks that are not registered in China in the same product category or imitate and copy their well-known trademarks that have been registered in China in different product categories.
3. The registered trademark infringes upon the legitimate prior rights of others.
4. Registering another person’s trademark as a business name.
5. Register their trademark as a domain name.
7. The prominent use of their previous corporate names in decoration design infringes upon their trademark rights.
8. The unregistered trademark used directly is similar to someone else’s registered trademark, infringing on their exclusive right to use the trademark.
9. Those who maliciously imitate and register their trademarks by deceptive means.
10. Selling goods knowingly that they infringe their trademark rights.
3. Guarantee Contract
The so-called guarantee contract refers to a contract between the creditor (who is also the secured party) and the debtor in order to prompt the debtor to perform its debts and ensure that the creditor's claims can be realized. An agreement formed through negotiation between a creditor, a debtor and a third party (i.e. a guarantor) to guarantee the realization of the creditor's rights in a certain way when the debtor fails or is unable to perform the debt. The guarantee contract aims to clarify the rights and obligations between the secured party and the guarantor, and to ensure that the creditor's claims can be realized. The guarantee contract is an important civil contract. Although our country’s Contract Law does not stipulate it in a separate chapter, this does not mean that it is unimportant, but because the guarantee contract is a subordinate contract, and its provisions are separate from those of other principal contracts. Come together.
Effectiveness: In a mortgage contract, if the registration of the mortgage is required, it will take effect from the date of registration of the mortgage. If it is voluntary, the registration of the mortgage will take effect from the date of signing the contract. The pledge contract becomes effective when the pledged property is handed over and taken possession of by the pledgee. The deposit contract shall take effect from the date of actual payment of the deposit.