The scope of protection is larger, soft copyright or patent

What is the difference between a soft copyright and a patent? Software copyright and patent are both within the scope of intellectual property protection, and they have few similarities and many differences. Software copyrights protect computer software, and patents protect inventions.

The similarities between soft copyright and patent are: successful application can get first-class funding, and both can be used as a condition for applying for national high-tech enterprises.

The differences between soft copyright and patent are:

1. The legal basis is different. Software copyright protection is implemented in accordance with the Copyright Law and the Regulations on the Protection of Computer Software; Patent protection is based on the Patent Law.

2. The principles of protection are different. Software copyright is automatically generated after the completion of software creation, and software copyright registration is also voluntary. Patents must be filed with the Patent Office in order to be protected.

3. The objects of protection are different. The information submitted in the software copyright application is the source ** and the user's operation manual, so the software copyright protects the form of expression, not the idea. If a competitor understands the software change** and rewrites the software with the same function, then it is not infringing.

Patents, on the other hand, describe the design concept of the software at the time of application, and once the right is granted, others may constitute infringement as long as they adopt the design idea or solution of the software patent.

4. The approval rate of the application is different. The pass rate of software copyright registration is extremely high, the patent application requires high technicality, and it is necessary to meet many requirements such as novelty, inventiveness, practicability, etc., and the application difficulty is high and the pass rate is low.

5. The information provided in the application is different. Software copyright needs to provide: the applicant's identity document, application form, source** and instruction manual; Patents need to provide: the applicant's identity document, entrustment specification, technical disclosure (for appearance patents, ** or **).

6. The application cycle is different. The software copyright application cycle is short, and it can be expedited, and the certificate can be issued within 1 day at the earliest; The patent application cycle is long, especially for invention patents, which often take 1-2 years to authorize.

7. The term of protection is different. The term of protection of software copyright is 50 years after the lifetime of a natural person and his death, which is similar to the term of protection of a copyright. The term of protection for utility models and designs is 10 years from the filing date, and 20 years for invention patents.

8. The application and maintenance fees are different. Software copyright only has the pre-application fee, and there is no follow-up maintenance fee; In addition to the application fee in the early stage, the patent needs to pay an annual fee every year, and failure to pay after the expiration date is deemed to have given up the patent right. It takes several years for the patent annuity fee to be paid.

Software can be applied for as a patent or as a soft copy, and the patent protection value is higher, but the patent application fee is also high. Soft copyrights are relatively not as well protected as patents.

Computer software copyright refers to the exclusive rights enjoyed by software developers or other interested parties for software works in accordance with the provisions of relevant copyright laws.

Patent, literally refers to the exclusive interests and interests, generally issued by the first organ or regional organization on behalf of a number of countries according to the application to record the content of the invention and creation of a document, software copyright is more to protect the core of the software, patents are more to protect the idea of software development.

There are different ways to apply, objects of protection, conditions and requirements for protection, methods of generating rights, content of rights, and duration of protection.

Computer software copyright application process:

1. To apply at the China Copyright Protection Center by yourself, that is, to prepare the materials by yourself, and then make an appointment through WeChat, and then go to the China Copyright Protection Center to apply for registration on the spot at the appointed time.

2. Mail the materials to the China Copyright Protection Center for application. (This method is mainly suitable for copyright owners who are quite familiar with the software copyright application materials, and can be anywhere in the country, with the advantage that it does not cost anything.) The disadvantage is that the processing time is too long, and if there is a correction, the application may not be completed.

3. Apply to the offices of the China Copyright Protection Center. (The China Copyright Protection Center has set up three sub-centers, namely: a, the Southwest Copyright Registration Hall of the China Copyright Protection Center; b, East China Copyright Registration Hall, China Copyright Protection Center; c, Guangdong-Hong Kong-Macao Copyright Registration Hall, China Copyright Protection Center; ）

4. Entrust ** company to apply. (At present, many units have this service.) The advantage is that it is convenient and fast, and the disadvantage is that you need to pay a fee. Each software copyright owner can choose the most beneficial way to apply for it based on its own actual situation. ）

A utility model refers to a new technical solution for the shape, structure or combination thereof of a product that is suitable for practical use. "Like inventions, utility models protect a technical solution. However, the scope of protection of utility model patents is relatively narrow, and it only protects new products with a certain shape or structure, and does not protect methods and substances without fixed shapes.

The technical scheme of the utility model pays more attention to practicality, and its technical level is lower than that of the invention"Gizmos"。

Software copyright: It can be obtained after the completion of software creation, which is often referred to as the registration of soft copyright, so as to play a similar role as notarization.

Software patents: An application must be filed with a patent office to obtain a software patent application, which describes the idea of the software.

1. Software copyright: It can enable you to take protective measures to prevent others from pirating your software when others pirate it. However, for your competitors, they are also software developers like you, they can study your software, understand your ideas, and make software with the same effect according to your ideas, and it will not infringe on your software copyright.

At this time, the core thing in your software, that is, the idea of the software, cannot be protected by software copyright.

2. Software patent: It is applied in the form of a technical solution, which is the content of your software flow chart. After authorization, it protects the idea of the software, and the adoption of the idea by others may constitute infringement.

Therefore, the protection of software patents is much greater than that of software copyrights, and can protect the core things of software.

What is the difference between software copyright and software patent?

Software Copyright:

1.Copyright protects the content from plagiarism, and patents protect the method from misappropriation.

2.Copyrights can be protected after the work is completed, and patents can only be protected after the application is reviewed.

3.Software is protected by copyright, but only software technology that is inventive, novel, and practical can be patented.

4.The identification of high-tech enterprises and the software copyright of related ** projects are also recognized, and can be expedited, compared with the long periodicity of patents, copyright has certain advantages in this regard.

Software patents: Software patents are different. First, a patent must be filed with the patent office in order to be obtained.

Second, a software patent application describes the idea of the software. As you can see from the above, copyright allows you to take protective measures to prevent others from pirating your software when others pirate it. However, for your competitors, they are also software developers like you, they can study your software, understand your ideas, and make software with the same effect according to your ideas, and it will not infringe your copyright.

At this time, the core thing of your software, that is, the idea of the software, cannot be protected by copyright.

It is applied in the form of a technical solution, which is the content of your software flow chart. After authorization, it protects the idea of the software, and the adoption of the idea by others may constitute infringement. Therefore, the protection of software patents is much greater than that of software copyrights, and can protect the core things of software.

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Crack down on copyright infringement and other acts of key targets such as online counterfeit and shoddy products, film and television ** literary works, etc.

Now it has formed cooperation with the Intellectual Property and Copyright Bureau, the Shenzhen Municipal Administration for Market Regulation and other local departments to help departments at all levels discover infringing and illegal activities, give full play to their technological advantages, and promote the construction of a healthy and clear network environment.

1. What is the difference between soft copyright and patent?

1. The differences between soft copyright and patent are as follows:

1) The definition is different. Software copyright refers to the exclusive rights enjoyed by software developers or other right holders for software works in accordance with the provisions of relevant copyright laws. A patent is a document issued by a ** authority or a regional organization representing several countries on the basis of an application.

2) Different forms of protection. A soft work is to protect the external expression of a work; Patents protect the function, performance, etc. of technology.

3) The difficulty of obtaining is different. The software copyright is basically 100% passable. Patents are subject to an examination system, and the conditions for granting a patent must be met.

2. Legal basis: Article 22 of the Patent Law of the People's Republic of China.

Inventions and utility models for which a patent is granted shall be novel, inventive and practical.

Novelty means that the invention or utility model does not belong to the prior art; Nor has any unit or individual filed an application for the same invention or utility model with the patent administration department before the filing date, and recorded in the patent application documents or published patent documents published after the application date.

Inventive step refers to the fact that the invention has outstanding substantive features and significant progress compared with the prior art, and the utility model has substantial features and progress.

Utility means that the invention or utility model can be manufactured or used and can produce positive effects.

For the purposes of this Law, the term "prior art" refers to technology that was known to the public at home and abroad before the filing date.

2. What are the procedural steps for applying for a patent?

The procedure for applying for a patent is as follows:

1. Application. The applicant submits the application materials in accordance with the regulations;

2. Acceptance and payment. Accept the application with the State Intellectual Property Office, and the parties concerned pay the patent application fee;

3. Preliminary examination. The State Intellectual Property Office will conduct a preliminary examination after acceptance;

4. Announce in advance. Publication will be made immediately after the preliminary examination;

5. Substantive examination. The State Intellectual Property Office conducts substantive examination at the request of the applicant;

6. Authorization registration. After the examination is passed, the invention patent certificate is authorized to be issued, and it is registered and announced at the same time.

The differences between software copyright and patent are as follows.

1.The legal basis for the two is different.

Software copyright protection is based on the Copyright Law and the Regulations on the Protection of Computer Software. The patent protection of software is based on the Patent Law, and the specific examination standards need to refer to Chapter 9 of Part II of the Patent Examination Guidelines of the State Intellectual Property Office "Several Issues Concerning the Examination of Invention Patent Applications Involving Computer Programs".

2.The duration of protection and the cost of maintenance are different.

The term of software copyright protection is the life of the creator and 50 years after his death, ending on December 31, 50 years after his death;

In the case of collaborative works, until December 31, 50 years after the death of the last deceased creator;

and the works of legal persons and other organizations, the term of copyright protection provided by law is 50 years.

In this regard, only the upfront application fee is paid, and there is no maintenance fee in the later stage.

Generally speaking, a software patent is an application for an invention patent, and the term of protection is 20 years from the filing date.

Invention patents are subject to annual fees. If the payment is not made after the expiration of the period, it shall be deemed to have waived the patent right.

3.The basic principles of protection are different.

Software copyright is automatically generated after the completion of software creation, and it is also voluntarily registered. The purpose of registration is to reflect the effect of notarization, mainly to declare the ownership of copyright. Later, the evidence of rights protection was stronger, and it was necessary for mobile phone software to be put on the shelves.

If the application is high, you can also enjoy a tax reduction of up to 30% and a state subsidy of up to 2 million.

Software patents can only be protected if they are filed with the national patent office, so they must be actively filed, and the basic principle of the patent system is "disclosure in exchange for protection".

4.The success rate of the application is not the same.

The software copyright implements a registration system, and only requires that the materials submitted during the formal examination comply with the provisions and do not violate the provisions of the Copyright Law. The registration success rate is high.

Software patents need to pass both formal and substantive examinations. Generally, it is not easy to obtain rights for pure software patents, and the combination of software and hardware will increase the authorization rate, but the overall success rate is relatively low.

5.The issuance cycle time is different.

Software copyrights can be protected without leakage, and creators can get copyright protection faster. If you choose to apply for software copyright in an expedited way, you can get the certificate within 6-12 working days, and you will be refunded in full if you are unsuccessful. That kind of timeliness can help copyright owners quickly occupy the market and obtain corresponding funding.

There are also many differences in the copyright of patented software. Software copyrights are registered, and software patents are not easy to obtain. Software copyright is automatically generated after the completion of software creation, and invention patents need to pay annual fees every year. The white protection period of software copyright is 50 years after the death and death of the creator.