1, the patent features are as follows:
(1) exclusive. Exclusivity is also called monopoly or exclusivity;
(2) timeliness. The so-called temporality of patent right means that the patent right has a certain period, that is, the protection period stipulated by law;
(3) It is regional. The so-called regionality is the space limitation of patent right.
2. Legal basis: Article 22 of People's Republic of China (PRC) Patent Law.
Inventions and utility models granted patent rights should be novel, creative and practical.
Novelty means that the invention or utility model does not belong to the prior art; No unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council before the filing date, and it was recorded in the patent application documents published or announced after the filing date.
Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.
Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.
The existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application.
Second, the difference between patent right and trademark right?
The difference between patent right and trademark right is as follows:
1, different modes of production, trademark right is the exclusive right granted by national laws to trademark owners to protect their registered trademarks, and patent right is the exclusive right granted by the state patent administration authority to patent applicants and their successors to implement their inventions and creations within a certain period of time;
2, the validity period is different, the validity period of a registered trademark is ten years, and the term of the invention patent right is twenty years;
3. The object of right is different, and the object of trademark right is a registered trademark protected according to law. The object of patent right is the invention and creation that should be granted patent right according to law.