(1) patent right
1. Definition of patent right: A patent right is the right granted to an inventor or unit to monopolize, use and dispose of an invention-creation achievement according to law.
2. The subject of patent right: the person who has the right to file a patent application and patent right and undertake corresponding obligations, including natural persons and legal persons.
3. Objects of patent right: inventions, utility models and designs.
4. The rights of the patentee: the exclusive right to use, the right to license, the right to transfer, the right to give up and the right to mark.
5. Obligations of the patentee: the obligation to exploit the patent and the obligation to pay the annual fee.
(2) Trademark right
1. Definition of trademark right: A trademark is a mark specially designed and consciously placed on the surface of a commodity or its packaging to help people distinguish different commodities. Trademark right refers to the exclusive right to use a trademark enjoyed by the trademark user according to law.
2. Subject of trademark right: the legal person or natural person who applied for and obtained the trademark right.
3. The object of trademark right: a trademark protected by the Trademark Law is a registered trademark, including a commodity trademark and a service trademark, after being approved and registered by the State Trademark Office.
4. Rights of trademark owners: right to use, right to prohibit, right to transfer and right to license.
5. Obligation of the trademark owner: guarantee the quality of the goods using the trademark, and have the obligation to pay the prescribed fees.
Legal basis:
People's Republic of China (PRC) Patent Law Article 2 Invention-creation as mentioned in this Law refers to inventions, utility models and designs. Invention refers to a new technical scheme proposed for a product, method or its improvement. Utility model refers to a new practical technical scheme for the shape, structure or combination of products. Appearance design refers to a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and the combination of colors, shapes and patterns.
Derivative problem:
What are the meanings of the three categories in patent right?
(1) Patent right is the exclusive right granted by the state to the patentee for a certain period of time.
(2) A patent is an invention protected by the patent law, which generally includes inventions, utility models and designs.
(3) A patent is a patent document, and its main part is a patent specification that records the contents of the invention.