What is the difference between a patent and a copyright?

What is the difference between a patent and a copyright? Patents and copyrights are part of intellectual property rights, but many people can't tell the difference between patents and copyrights, so today we will give you a detailed introduction to Bajie intellectual property rights. What is the difference between a patent and a copyright?

The difference between patent right and copyright 1. The difference between the object of protection is not the ideological content of the work, but the specific form of expressing the ideological content. Patent rights are different, and patent law protects inventions and creations with novelty, inventiveness and practicality, which go beyond the form of expression and go deep into the technical solution itself. The difference between patent right and copyright 2. Different protection conditionsCopyright does not require that the protected work be original, but only that it is original.

For inventions with the same content, the patent right is only granted to the first applicant. This is the difference between originality and originality, i.e., the conditions of protection between the two. The difference between patent rights and copyrights3, the two types of rights are different in the creation process, the copyright in most countries in the world is automatically generated with the completion of the creation of the work, without any registration procedures.

However, only one patent can be granted for several inventions and creations with the same content, which excludes the possibility that other people with the same creation can enjoy the same rights, so the method of national administrative authorization must be adopted to determine the right holder. The creation of a patent right requires special authorization from the patent authority, and can only be created through procedures such as application, examination, approval, publication, and issuance of a patent certificate. The difference between patent right and copyright 4, the different fields of application of the two, what are the differences between patent right and copyright?

If you want to know more, please contact our customer service, or call Bajie intellectual property national free service, we have many years of professional intellectual property experience, professional business team and the concept of serving customers wholeheartedly, can help you apply smoothly.

The main differences between copyright and patent right are as follows: (1) The object of protection is different. (2) The conditions and requirements for protection are different. (3) The way in which rights are generated is different. (4) The content of the rights is different. (5) The term of protection of rights is different.

The differences between patents and copyrights are as follows:

1) The object of protection is different. Copyright protects the expression of the author's thoughts, emotions and opinions, and does not protect the content itself, such as thoughts, emotions and opinions, which are manifested in the form of **, **, movies, songs, pictures and other types. Patents protect inventions and creations, which belong to the scope of ideas and opinions, including three types: inventions, utility models and designs, such as the invention of televisions, the manufacturing method of light bulbs, and the unique design of Coca-Cola bottles.

(2) The conditions and requirements for protection are different. Depending on the object of protection, copyright law may protect two works with the same subject matter, as long as they are original; However, a patent does not protect two inventions with the same subject matter, for example, if A invents a television set and applies for a patent, B cannot apply for that patent again.

(3) The way in which rights are generated is different. Copyrights can usually arise automatically without any registration or examination procedures; Patent rights must be granted to legitimate applicants after examination by a specific administrative organ of the state in accordance with the law.

(4) The content of the rights is different. The content of copyright includes two aspects: personal rights and property rights; However, patent rights only include property rights such as the right to exploit, the right to license others to exploit, and the right to transfer, but do not include personal rights.

(5) The term of protection of rights is different. As mentioned above, the term of protection for copyright property rights is generally the lifetime of the author plus 50 years after death; The term of protection of a patent right is 20 years for invention patents and 10 years for designs and utility models, both of which are calculated from the filing date.

Legal basis] Article 2 of the Patent Law, the term "invention-creation" in this Law refers to inventions, utility models and designs.

An invention refers to a new technical solution proposed for a product, a process or an improvement thereof.

Utility model refers to a new technical solution suitable for practical use proposed for the shape, structure or combination thereof of a product.

Design refers to a new design that is aesthetically pleasing and suitable for industrial application made on the whole or part of the shape, pattern or combination thereof, as well as the combination of color and shape and pattern.

1. Definition: Copyright is an intellectual achievement that is the exclusive right enjoyed by citizens and legal persons and other organizations in the field of writing, art and science in accordance with the law, and has originality and can be reproduced in some tangible form. On the other hand, patent rights refer to the exclusive rights enjoyed by the patentee in accordance with the law for his inventions, utility models and designs, and can only be obtained after applying for a patent.

2. The term of protection is different for different patent rights, and there are three kinds of patents, the term of invention patent is 20 years, and the term of utility model patent and design patent is 10 years. The term of protection of copyright is that the author of the work is a citizen, and the term of protection is until December 31, the fiftieth year after the death of the author. If the author of the work is a legal person or his organization, the term of protection shall be until December 31, fiftieth year after the author's first publication.

However, the author's right to title, the right to modify, and the protector to protect the right to complete the work are not restricted.

3. Different patent rights are divided into invention patents, utility model patents and design patents, and invention patents are mainly new technical solutions proposed for products, methods or improvement of products and methods, which can be applied for invention patents; Utility model patents are mainly for the shape, structure or combination of the product proposed for the application of new technical solutions applicable to the use, can apply for utility model patents; Design patents are mainly new designs that are aesthetically pleasing and suitable for industrial applications made by the shape, pattern or combination thereof, as well as the combination of color and shape pattern of the product, and can apply for a design patent. Copyright is mainly aimed at works, and protects literary works, oral works, dramatic arts, dances, acrobatics and other works of art, as well as fine arts, architectural artworks, and photographic works; There are even cinematic works and works created by methods similar to filmmaking; It can also be engineering design drawings, product design drawings, maps, schematic drawings and other graphic works and magic works; It can also be other works and computer software as prescribed by laws and administrative regulations.

4. Patents with different protection conditions need to apply for a patent to the State Patent Office, and when a patent is applied, no one else can apply for the patent, otherwise it will be treated as patent infringement. Copyright is different, a person can have two identical works, as long as the work is original.

5. Different ways of generating rightsPatent rights are granted by the state, while copyrights are completely automatic and do not need to go through any registration and examination procedures.

6. The content of rights is different, and patents only have the right to exploit, the right to license others, the right to transfer and other property contents, while the content of copyright includes two kinds of personal rights and property rights.

The difference between copyright and patent right is that the term of protection is different, the way of obtaining protection is different, the copyright protects literary, artistic and scientific works, and the patent right protects invention patents, utility model patents, design patents, the content of the rights is different, and the exclusivity of the rights is different.

[Legal basis].Article 21 of the Copyright Law.

The term of protection of citizens' works and the rights provided for in subparagraphs (5) to (17) of paragraph 1 of Article 10 of this Law shall be the life of the author and 50 years after his death, ending on December 31 of the fiftieth year after the death of the author; In the case of collaborative works, by December 31 of the fiftieth year after the death of the last deceased author.

Article 42 of the Patent Law.

The term of an invention patent right is 20 years, and the term of a utility model patent right and a design patent right is 10 years, both of which are calculated from the filing date.

First, the objects of protection are different. Copyright protects works for people to enjoy, learn and read, such as **, etc.; Trademark rights protect the marks of goods and services used to distinguish different producers and operators and different goods, such as trademarks such as Haier. Second, the conditions and requirements for protection are different.

The Copyright Act can protect two works with the same subject matter, as long as they are original. However, the Trademark Law does not protect two identical trademarks on the same kind or class of goods. Third, rights are generated in different ways.

Copyright usually arises automatically and does not have to go through any registration or examination procedures; Trademarks must be granted to legitimate applicants after being examined by a specific administrative authority of the state in accordance with the law.

The objects of protection are different. Copyright protects the specific form of expressing the ideological content of a work, while patent law protects inventions and creations that are novel, inventive and practical. The conditions of protection are different.

The work protected by copyright is only required to be original, not original; For inventions with the same content, the patent right is only granted to the first applicant. The procedure for generating rights is different. Most copyrights arise automatically, and patent rights require special authorization from the patent office.

The fields of application are different. Copyright mainly involves the field of literature and art, and patent rights mainly occur in the field of industrial production, which is closely related to the technical solution of the product.