1. Can patents and copyrights be applied at the same time?
Patent and copyright can be applied at the same time. According to the provisions of China's copyright law, copyright and patent are different rights, so copyright and patent can be applied at the same time, but they need to be applied to different departments. According to Article 2 of the Copyright Law of People's Republic of China (PRC), works of China citizens, legal persons or other organizations, whether published or not, enjoy copyright in accordance with this Law. The copyright enjoyed by the works of foreigners and stateless persons in accordance with the agreement signed between the country to which the author belongs or the country of habitual residence and China or the international treaties to which * * * is a party shall be protected by this Law. Works of foreigners and stateless persons first published in China shall enjoy copyright in accordance with this Law.
Two, the civil code stipulates that the limitation of copyright infringement litigation is several years.
According to the Civil Code, the limitation of action for copyright infringement is three years. Article 188 of the Civil Code stipulates that the limitation of action for requesting protection of civil rights from the people's court is three years. Where there are other provisions in the law, those provisions shall prevail. The limitation period of action shall be counted from the date when the creditor knows or should know that the right is damaged and the debtor knows it. Where there are other provisions in the law, those provisions shall prevail.
3. What are the principles of patent application?
The principle of applying for a patent is:
1. Formal legal principle. All procedures for patent application must be handled in written form or in other forms stipulated by China National Intellectual Property Administration Patent Office, otherwise it will be invalid.
2. The principle of oneness. Also known as "one invention and one application principle", it means that a patent application document can only file a patent application for one invention. However, two or more inventions or utility models belonging to a general inventive concept can be put forward as one; Two or more designs of products sold or used in the same category in sets may be filed as one application.
3. Apply first.
4. The principle of priority.
Legal objectivity:
Article 27 of the Patent Law of People's Republic of China (PRC) Where an applicant applies for a patent for design, he shall submit a written request, a picture or photograph of the design, a brief description of the design and other documents. The relevant pictures or photographs submitted by the applicant shall clearly indicate the design of the product for which patent protection is required. Article 28 of the Patent Law of People's Republic of China (PRC) The date when the patent administrative department of the State Council receives the patent application documents shall be the filing date. If the application documents are mailed, the postmark date of mailing shall be the application date.