From the legal point of view, the so-called patent is the abbreviation of patent right, which generally refers to the patent right enjoyed by the patentee for the product, article or enterprise he invented, that is, the inventor or his successor is granted the exclusive right to use his invention and creation within a certain period of time according to law, and the emphasis here is the right. Patent right is an exclusive right with exclusivity. If a non-patentee wants to use the patented technology of others, he must obtain the authorization or permission of the patentee according to law. Take Jiaxing's well-known integrated ceiling industry as an example.' AIA' is not only the creator of the integrated ceiling industry, but also owns patents.
Trademarks are products that distinguish commodities from commodities. They are composed of characters, figures, letters, numbers, three-dimensional signs and colors, and are mainly used to distinguish the sources of commodities or services.
Their * * * characteristics are: they all belong to the category of intellectual property in the traditional sense, with the private nature of the right ontology and the immateriality of the right object, and with the validity period.
Their differences are: different attributes of rights, different authorities granting rights, different conditions for protection, different fields of application, and different periods of protection of rights.
Generally speaking, trademarks are not patents. As long as individuals and enterprises can apply for trademarks, patents are creative, and only a few individuals and enterprises will own them. Both belong to intellectual property rights, but their themes are different.