1. It is generated in different ways.
Trademark right is the exclusive right given by national laws to trademark owners to protect their registered trademarks.
Patent right is the exclusive right granted by the state patent office to the patent applicant and his successor to exploit his invention and creation within a certain period of time.
2. The content of rights is different.
The contents of trademark rights mainly include the exclusive right to use a registered trademark, the right to prohibit, the right to license and the right to transfer.
The content of patent right is divided into the rights of patentee and the obligations of patentee. The patentee's rights include the exclusive right to exploit, transfer, license, mark, request for protection, waiver and pledge. The obligations of the patentee include the obligation to pay the annual fee according to the regulations and the obligation not to abuse the patent right.
3. Different permission objects
The object of trademark right is a registered trademark protected according to law. The object of patent right is the invention and creation that should be granted patent right according to law.
According to Article 2 of China's Patent Law, the objects of the patent law include inventions, utility models and designs.
4. Different approval procedures
The necessary procedures for trademark registration include five stages: application, formal examination, substantive examination, preliminary examination announcement and registration announcement.
According to the Patent Law, the examination and approval procedure of an application for a patent for invention includes five stages: acceptance, preliminary examination, publication, actual examination and authorization. The application for a patent for utility model or design does not undergo early publication and substantive examination in the examination and approval, and there are only three stages: acceptance, preliminary examination and authorization.
Legal basis:
In Article 42 of the Patent Law of People's Republic of China (PRC), the term of the invention patent right is 20 years, and the term of the utility model patent right and the design patent right is 10 years, all of which are counted from the date of application.
Derivative problem:
How to protect patents?
Enterprises should pay special attention to the application for patent right. When an enterprise develops a new product or technology, it should apply for a patent before the product is produced if it is expected that the new product or technology will bring considerable economic benefits to itself. Enterprises should establish a special patent management system or institution, equipped with professionals to manage patent rights. After an enterprise obtains a patent right according to law, during the period of patent protection, it shall, in accordance with the provisions of Article 43 of the Patent Law and Article 98 of the Detailed Rules for the Implementation of the Patent Law, start to pay the annual fee in the year when the patent right is granted, and the annual fee thereafter shall be paid before the expiration of the previous year. Therefore, if the enterprise fails to pay the annual fee as required, the patent right will be terminated before the expiration of the protection period. The payment of annual fees can also be entrusted to patent companies such as Baba.