1. Specific application process for trademark patents
1. Patent applicants shall comply with the law Submit the written application materials required by law;
2. After receiving the application, the Patent Administration Department of the State Council will conduct a preliminary review eighteen months from the date of application. , if the application meets the application requirements, it will be announced immediately;
3. Within three years from the application date, if the invention patent application passes the substantive examination, a patent right certificate will be issued.
4. Legal basis:
"Patent Law of the People's Republic of China" 26 Article 1: When applying for a patent for invention or utility model, a request, description, abstract, claims and other documents shall be submitted.
Article 34 of the "Patent Law of the People's Republic of China", after the patent administration department of the State Council receives an invention patent application, it is determined upon preliminary examination that it meets the requirements of this law , it will be announced immediately after eighteen months from the date of application. The patent administration department of the State Council may publish the application as early as possible upon the applicant's request.
"Patent Law of the People's Republic of China" Article 35: Within three years from the filing date of an invention patent application, the patent administration department of the State Council may submit the application at any time based on the applicant's request. If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application will be deemed to have been withdrawn.
Article 39 of the "Patent Law of the People's Republic of China", if no reason for rejection of an invention patent application is found after substantive examination, the patent administration department of the State Council shall make a decision to grant the invention The patent right is determined, an invention patent certificate is issued, and the invention is registered and announced at the same time. The invention patent right shall take effect from the date of announcement.
2. What is the specific nature of the exclusive right to trademark
1. The exclusive right to trademark is a kind of property right. This is because the transfer and license of a registered trademark are a transfer of rights. Only by clearly identifying the nature of this right can we confirm the necessity and rationality of this transfer of rights, as well as the method and conditions of the transfer.
2. The trademark law determines that a registered trademark can be transferred. Its important premise is to treat the exclusive right to trademark as a property right, or in other words, the exclusive right to trademark is A property right. The reason why the exclusive right of trademark is a kind of property right is that first of all, it is an intellectual achievement, which has specific functions such as identifying the source of goods, ensuring the quality of goods, promoting the sales of goods, expressing business reputation, etc. These functions are combined with the exclusive right of trademark, so that Trademarks have commercial value and can generate economic benefits. If a trademark does not have specific functions and does not constitute commercial value, the exclusive right to use a trademark certainly cannot become a property right.
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