The time characteristics of drug trademark right are different from patent right.

The similarity between patent right and trademark right lies in that both belong to intellectual property rights; At the same time, they are professional, regional and timely; The difference is that the way to obtain rights is different, the object is different, and the protection period of rights is different.

Legal analysis

If the flow rate is far below the minimum flow rate to ensure accuracy, there will be no output (such as vortex flowmeter) or the output signal will be cut off as a small signal (such as differential pressure flowmeter), which is unfavorable and unfair to suppliers. In order to prevent the loss of benefits, for a specific set of thermal energy metering equipment, the supply and demand sides often agree that a certain flow value is the "agreed lower limit flow" according to the flow measurement range and the achievable range, and agree that if the actual flow is less than the agreed value, it will be charged according to the lower limit flow. The metrological administrative department of the people's government at or above the county level may set up metrological verification institutions according to needs, or authorize metrological verification institutions of other units to perform compulsory verification and other verification and testing tasks. Personnel who perform the verification and testing tasks specified in the preceding paragraph must pass the examination. This function is usually realized in the flow display instrument. The metrological administrative department of the local people's government at or above the county level shall, according to the needs of the local area, establish public standard instruments of measurement, which shall be used after passing the examination presided over by the metrological administrative department of the people's government at a higher level. Enterprises and institutions may, as required, establish standards of measurement for their own use, and the highest standards of measurement shall be used after passing the examination presided over by the metrological administrative department of the relevant people's government. Metrological verification shall be carried out on site in accordance with the principle of economy and rationality. Metrological verification must be carried out in accordance with the national metrological verification system table. The national metrological verification system table shall be formulated by the metrological administrative department of the State Council.

legal ground

Article 39 of the Trademark Law of People's Republic of China (PRC) shall be valid for ten years, counting from the date of approval of registration.

In Article 42 of the Patent Law of People's Republic of China (PRC), the patent right for invention is 20 years, the patent right for utility model is 10 year, and the patent right for design is 15 year, all of which are counted from the date of application. Where a patent for invention is granted for four years from the date of application for a patent for invention and three years from the date of request for substantive examination, the patent administration department of the State Council shall, at the request of the patentee, compensate for the unreasonable delay of the invention patent in the process of authorization, except for the unreasonable delay caused by the applicant. In order to compensate for the time occupied by the review and approval of new drugs, the patent administration department of the State Council shall compensate the patentee for the patent term of new drug-related invention patents that have been approved for listing in China. The compensation period shall not exceed five years, and the total effective patent right period after the new drug is approved for marketing shall not exceed fourteen years.