What are the similarities between patent, trademark and copyright operations?

The similarity between patents, trademarks and copyrights is that all three belong to intangible property. Patent rights, trademark rights and copyrights all have exclusivity, timeliness and regionality. This exclusivity is endowed by the national legal system. However, patent rights, trademark rights and copyrights are different in terms of their creation methods, rights content, protection period, and approval procedures.

1. What are the similarities between patent, trademark and copyright operations?

1. Objects are all intangible property;

2. Exclusive rights are granted by law;

3. It has exclusive, regional and temporal characteristics.

2. What are the differences between trademark rights and patent rights?

1. Different generation methods

Trademark right is the exclusive right granted by the trademark authority to the trademark owner in accordance with the law, and the registered trademark is protected by national law.

Patent rights are the exclusive rights granted by the national patent authority to patent applicants and their successors in accordance with the law to implement and utilize their inventions and creations within a certain period of time.

2. Different rights content

The content of trademark rights mainly includes the exclusive rights to registered trademarks. There are rights of use, prohibition, permission and transfer.

The content of patent rights is divided into the rights of the patentee and the obligations of the patentee. The rights of the patentee include the right to exclusive implementation, the right to transfer, the right to license, the right to mark, the right to request protection, the right to waive and the right to pledge. The patentee's obligations include the obligation to pay patent annual fees as required and the obligation not to abuse patent rights.

3. The objects of rights are different

The objects of trademark rights are registered trademarks protected in accordance with the law. .

Patents include inventions, utility models and designs.

4. Different approval procedures

The necessary procedures for trademark registration include application, formal review, substantive review, preliminary review announcement, and registration announcement five stages.

According to the Patent Law, the approval process for invention patent applications includes five stages: acceptance, preliminary examination, publication, substantive examination and authorization. Utility model or Design patent applications do not undergo early publication and substantive examination during the approval process. There are only three stages: acceptance, preliminary examination and authorization.

5. Different validity periods

The validity period of a registered trademark is ten years, starting from the date of approval of registration. Upon expiration, the registration can be renewed, and repeated applications can be made without restriction. Each renewal of registration is subject to The validity period is 10 years.

Invention patent rights are valid for 20 years, utility model patent rights and design patent rights are valid for 10 years, both of which apply since Calculated from the date. After the patent term expires, the patent right is terminated. Before the patent term expires, the patentee may declare in writing to waive the patent right.

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