What is the difference between a soft copyright and a patent? The difference between soft copyright

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.

What is computer software copyright?

Computer 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. In terms of the nature of the right, it is a civil right and has the common characteristics of civil rights.

Software copyright is generated after the creation of the software, according to China's current copyright law, without registration, theoretically you also own the copyright of the software, in addition, you can also register the software copyright, which will be certified by the National Copyright Administration to play the effect of notarization.

Benefits of software copyright registration:

1. You can better publicize your own software products, and you can clearly display the copyright ownership of this software.

2. When the software copyright is carried out, the value of your software will be doubled.

3. In the event of a software copyright dispute, it is difficult for the copyright owner to provide evidence to explain the time of completion and the copyright owner if it is not registered.

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

5. Tax rebates can be carried out for software sales to reduce the burden on enterprises.

6. When identifying high-tech enterprises, it can be used as proof of independent research and development of intellectual property rights.

Computer Software Copyright Issuing Authority:

The computer software copyright registration certificate was issued by the National Copyright Administration of the People's Republic of China, on July 1, 2009, a new version of the software copyright registration certificate has been implemented, the certificate has changed from yellow to blue as a whole, and the certificate border has also been added lace, which is more noble and more atmospheric, and the specific information is shown in the following figure:

What is a software patent:

Software patents refer to a way to protect the design ideas of software by applying for patents, rather than protecting the software itself.

Advantages and disadvantages of software copyright and software patent:

1. The software copyright implements a registration system, and the submitted materials meet the requirements and do not violate the provisions of the Copyright Law, and the registration pass rate is extremely high.

2. Software patents need to go through formal examination and actual examination, and the pass rate is relatively low.

3. The validity period of software copyright is 50 years, and the protection period of individual application is 50 years after the life of the copyright owner plus 50 years after death, and there is no annual fee and maintenance fee.

4. Software patents can only be applied for invention patents, and the term of protection is 20 years from the date of application. Invention patents need to pay annual fees every year, and failure to pay after the expiration date is deemed to be a waiver of the patent right.

5. The software copyright can be successfully obtained in about 2 months, and if you mail the materials to the copyright protection center by yourself, the time is about 4-6 months, and the success rate is high.

6. The application time for software invention patent is 1 2 years, which is long and the success rate is low.

Computer software works refer to the exclusive rights enjoyed by software developers or other profiteers in accordance with the provisions of the 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.

Software copyright is generated after the completion of software creation, and software copyright registration can also be carried out to play a similar role as notarization. In other words, if you don't register, you theoretically own the copyright of the software. Copyright allows you to take protective measures to stop others from pirating your software when they pirate it.

However, your competitors are often not small traders who sell pirated copies, they may also be software developers, and if they study your software, understand your ideas, and rewrite the software according to your ideas, they can completely avoid infringing your copyright. For example, writing in a different programming language can completely circumvent your copyright. But, undoubtedly, they stole the most valuable thing in software, which is the idea of the software.

In short, software copyright is not capable of protecting the core of software.

Software patents are different.

First of all, a patent must be filed with the patent office to be obtained, so it must be filed aggressively.

Secondly, the software application describes the idea of the software (must be in the form of a technical solution), mainly the content of your software flow chart. The patent does not specify in which language and in what specific phrases. After authorization, the adoption of the idea by others may constitute infringement.

Therefore, the protection of software patents is much stronger than that of software copyrights.

Applying for a software patent itself is not complicated, just find a patent company to apply, and most of the best firms have application experience. Of course, it is a technical task to form a perfect patent application, to properly describe the idea of the software, and to obtain an appropriate scope of protection (it is not enough to ask for too much protection, because there is a high risk of lack of novelty and inventive step). At present, there are not many excellent patent leaders who can complete this mission well.

Software copyright is more of the core of the protection of software, patents are more to protect the idea of software development, for the protection of intellectual property rights, it is best to be systematic, and the two are the best to protect.

Software copyright refers to the exclusive rights enjoyed by software developers or other right holders in accordance with the provisions of relevant copyright laws. Beware of plagiarism by others, patents are patents that protect the shape, pattern or combination thereof, and the combination of color and shape and pattern of a product to make a new design that is aesthetically pleasing and suitable for industrial application. --Yun Yin.

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.

Legal Analysis: Soft copyright is copyright, copyright protects the content from plagiarism, and patent protects the method from theft. Copyrights can be protected after the work is completed, and patents can only be protected after the application is reviewed.

Software is protected by copyright, but only software technology that is inventive, novel, and practical can be patented. The identification of high-tech enterprises and the recognition of software copyrights related to ** projects can be expedited, compared with the long-term periodicity of patents, copyright has certain advantages in this regard.

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

For the purposes of this Law, the term "invention-creation" 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.

The main differences between software copyright and patent are as follows:

1. Copyright protects the content from plagiarism, and patent protects the method from theft;

2. The copyright can be protected after the completion of the work, and the patent must pass the application review before it can be protected by Baotu;

3. Software is protected by copyright, but only software technology with inventiveness, novelty and practicability 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-term periodicity of patents, copyright has certain advantages in this square circle.

Copyright Law of the People's Republic of China

Article 2. "Computer software" (hereinafter referred to as "software") as used in these Regulations refers to computer programs and their related documentation. Article 4.

Software protected by this regulation must have been developed independently by the developer and fixed to some tangible object. Article 5.

Chinese citizens, legal persons or other organizations enjoy the copyright of the software developed by them, regardless of whether they are published or not, in accordance with these Regulations.

Patent Law of the People's Republic of China

Article 2. The term "invention-creation" for the purposes of this Law refers to inventions, utility models and designs. Article 22.

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