2.3B 4C 5B 6D 7D 8A 9B 10B 1 1A 12D 13C
39 ABCD 40ABCDE
4 1
1. Determination of the duration of patent protection. The term of patent protection is 20 years (invention) or 10 years (new type), counting from the date of application, and when it expires is determined according to the date of application.
2. Determination of patentability. The novelty and creativity of a patent are generally relative to the existing technology (except for conflicting applications). The existing technology is determined according to the application date (priority date is priority date), and the existing technology is made public before the application date and not afterwards. In other words, whether it can be patented may be the difference of one day. Generally speaking, in foreign countries, the applicant has a tight time requirement for patent application.
Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application in the shape, pattern, color or their combination of products. This design has the following characteristics:
(1) product bearing design must be relatively independent;
(2) The appearance design must be a new design that combines independent and specific products;
(3) The design must be suitable for industrial application;
(4) The design must be beautiful;
(5) The design can be three-dimensional or planar.
43 1) has different uses.
The purpose of decoration is to protect, beautify and publicize commodities and arouse people's aesthetic feeling and desire for commodities; The purpose of using trademarks is to distinguish goods, that is, to distinguish the same or similar goods of different enterprises; A trademark is a mark indicating the goods produced and sold by producers and sellers. Show different producers and sellers of the same or similar goods.
2) Different specificity
The packaging of goods is non-exclusive and does not require registration. Anyone can change or improve it at any time according to the needs of the market and customers. However, sometimes the horizontal packaging pattern of a commodity is registered as its trademark according to law, so the decoration of the commodity has the nature of a trademark and has the exclusive right to use the registered trademark; Trademarks are used to distinguish producers or operators from their commodities. Once a trademark is registered according to law, the owner of the trademark obtains the exclusive right to use the trademark. Without permission, no one else may use the same or similar trademarks on the same or similar goods, otherwise it will be infringement.
(3) The content expressed is different
The concept of decoration is to introduce, render and beautify the content of goods, and the content of decoration must be consistent with the content of goods; Trademarks are expressed in the form of words, figures, symbols or their combinations, and must have distinctive features and be easy to identify. Trademarks must be used on commodities or their packages and containers and sold in the market. The trademark used on the commodity must be consistent with the registered trademark and cannot be changed.