Is your question from before the patent law was reformed? Taking the first question as an example, now it is the principle of absolute novelty. So there should be no correct answer to the first question
2.D 3B 4C 5B 6D 7D 8A 9B 10B 11A 12D 13C
39 ABCD 40ABCDE
41
1. Determination of patent protection period. The patent protection time limit is 20 years (for inventions) or 10 years (for new models), both calculated from the filing date, and the expiration date is determined based on the filing date.
2. Determination of patentability. The novelty and inventiveness of a patent are generally relative to the prior art (except for conflicting applications). The prior art is determined based on the filing date (the priority date if there is a priority date). What is disclosed before the filing date is the current patent. There is technology, but what follows is not. In other words, whether it is patentable or not may be a matter of a day. Generally speaking, in foreign countries, applicants are very tight on the time for patent application.
42 Appearance design refers to a new design of a product’s shape, pattern, color or their combination that is aesthetically pleasing and suitable for industrial application. The design has the following characteristics:
(1) The product carrying the design must be relatively independent;
(2) The design must be integrated with an independent specific product An integrated new design;
(3) The appearance design must be suitable for industrial applications;
(4) The appearance design must be aesthetically pleasing;
(5 )The appearance design can be three-dimensional or flat.
431) The purpose of use is different
The purpose of decoration is to protect the goods, beautify the goods and promote the goods, and arouse people's aesthetic feeling and desire for the goods; the use of trademarks is to distinguish Goods are used to distinguish the same or similar goods from different companies; trademarks are marks that indicate the goods produced and sold by producers and sellers. To indicate different producers and sellers of the same commodity or similar commodities.
2) Different specificities
The product packaging is non-specific 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 product is registered as a trademark in accordance with the law, then the product decoration has the nature of a trademark and has trademark specificity, and enjoys the exclusive right to register a trademark; a trademark is used exclusively to distinguish producers or operators and their products. Once a trademark is registered in accordance with the law, the trademark owner obtains the exclusive right to use the trademark. No other person may use the same or similar trademark to the registered trademark on the same or similar goods without permission, otherwise it will be an infringement.
(3) The content expressed is different
The purpose of decoration is to introduce, render and beautify the content of the product. The content of decoration must be consistent with the content of the product; the form of trademark expression is text , graphics, marks or combinations thereof, and must have distinctive features for easy identification. The trademark must be used on the goods, or the packaging or containers of the goods, and be sold in the market. The trademark used on the goods must be consistent with the registered trademark, and shall not Change.