What is the difference between software patents and software copyrights? How to apply for a software

Software patents: The main types of software that can be protected by patents include (but are not limited to):

1) Industrial control software, such as controlling the action of mechanical equipment;

2) software that improves the internal performance of the computer, such as a software that can improve the virtual memory of the computer;

3) External technical data processing software, such as digital camera image processing software.

Software Copyright:

1. Through the regular announcement of the registration agency, you can publicize your products to the society. 2. When carrying out software copyright**, certification will double the value of your software work.

3. In the event of a software copyright dispute, it is difficult for the copyright owner to provide evidence to explain the time when the work was completed and the owner without registration.

4. Legally operate or sell the software product within the territory of China, and can publish and distribute it.

5. It can be used as proof of independent intellectual property rights when registering software products.

6. When identifying software enterprises and high-tech enterprises, it can be used as proof materials for software products independently developed or with intellectual property rights.

In China, you can apply through a professional intellectual property company, because the relevant application materials are complex, it is recommended that you apply through a professional ** agency, and the application is not limited to geographical restrictions.

The differences are as follows: 1. Software patent refers to the provision of technical solutions to apply for invention patents to the State Intellectual Property Office, the application time is 2-3 years, and it is valid for 20 years after the certificate is issued;

2. Software copyright refers to the provision of software sources**, application forms, and manuals, which are registered in the China Copyright Center, and the registration time is 1-2 months, and it is valid for 50 years after the certificate is issued.

Apply for a patent: Prepare technical information and applicant's identity materials, submit and pay the fee to the State Intellectual Property Office or the local agency, or you can apply for a patent.

According to the regulations, the difference between patents and software copyrights: copyright refers to the exclusive rights enjoyed by citizens, legal persons and other organizations in the fields of literature, art and science in accordance with the law. Patent right refers to the exclusive rights enjoyed by the patentee in accordance with the law for its inventions, utility models and designs.

The main differences between copyright and patent rights 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. **Trademark Registration, Trademark Change, Trademark Transfer, Trademark Reexamination, Design Patent Application, Intellectual Property Rights**, Patent Application, Copyright Application and Certification, Well-known Trademark Assistance.

Civil Code of the People's Republic of China:

Article 123: [Definition of Intellectual Property Rights]Civil entities enjoy intellectual property rights in accordance with law.

a) the work; 2) Inventions, utility models, and designs;

c) trademarks; 4) geographical indications;

5) Trade secrets;

6) Layout design of integrated circuits;

vii) new plant varieties;

8) Other subject matter provided for by law.

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.

Software patents, on the other hand, are applied for in the form of technical solutions, which are the contents 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.

In addition, the legal basis for the two is different.

The copyright protection of software is based on the Copyright Law and the Regulations on the Protection of Computer Software, and the patent protection of software is based on the Patent Law.

Of course, it does not mean that software patent protection is strong, and software patent protection is adopted, which also has its own shortcomings.

To apply for a patent, the technical information of the patent needs to be disclosed, and the maintenance of the patent right also needs to pay an annual fee, and the patent application examination cycle is 2-3 years, while the software market cycle is shorter.

Based on the above, we can briefly summarize the differences between software copyright and software patent in the following aspects:

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.