Legal analysis:

1. Different ways of generation

Trademark rights are granted by the trademark authority to the trademark owner in accordance with the law, and their registered trademarks are protected by national laws. Exclusive rights.

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

2. The content of rights is different

The content of trademark rights mainly includes the exclusive use rights, prohibition rights, licensing rights and transfer rights of registered trademarks.

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. The objects of patent rights are inventions and creations for which patent rights should be granted according to law.

According to Article 2 of my country’s Patent Law, the objects of patent law include inventions, utility models and designs.

4. Different approval procedures

The required procedures for trademark registration include five stages: application, formal examination, substantive examination, preliminary examination announcement, and registration announcement.

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, but only three stages: acceptance, preliminary examination and authorization.

Legal basis:

"Patent Law of the People's Republic of China" Article 42 The term of invention patent rights is twenty years, utility model patent rights and design patent rights The term of patent rights is ten years, calculated from the date of application.

Derived questions:

How to protect patents?

Enterprises should pay special attention to patent application. When an enterprise develops a new product or new technology, if it is expected that the new product or new technology will bring considerable economic benefits to itself, it should apply for a patent before the product is produced. Enterprises should establish a specialized patent management system or organization within themselves and assign professionals to manage patent rights. After an enterprise obtains a patent right in accordance with the law, during the patent protection period, it must start paying in the year the patent right is granted in accordance with Article 43 of the Patent Law and Article 98 of the Implementing Rules of the Patent Law. The annual fee and subsequent annual fees shall be paid before the expiration of the previous year. Therefore, if the company fails to pay the annual fee as required, the patent right will be terminated before the expiration of the protection period. You can also entrust a firm such as Patent Baba to pay the annual fee on your behalf.