The meaning difference between software copyright and patent right: After a software work is completed, no matter whether the computer software copyright is registered or not, copyright will be generated according to law. In order to obtain clear evidence and prevent future disputes, you can apply for software copyright registration. Only after the application can the patent right be granted.
Computer programs have the nature of works, and their code expressions are protected by copyright law. Copyright does not protect the idea itself, only the form.
Application for a patent for invention:
1. Automatic technology processing related invention patent applications.
2. An application for a patent for invention related to improving the internal operation performance of a computer.
3. An application for a patent for invention involving measurement or computer program testing. These schemes are combined with related products, equipment, computers or measuring devices to form a complete technical scheme, which can be patented.
Computer programs should be independently completed and original. As long as it is an original work, whether it is similar to a published work or not, it can obtain independent copyright. The patent right is only granted to the first applicant, which requires novelty and creativity.
Extended data
There are several types of patents.
1, invention patent
Invention patents include objects such as solids, liquids and gases with certain shapes and structures. The invention patent does not seek the technical achievements that can be directly applied to industrial production through practice, but it can be a solution to technical problems or an idea with the possibility of industrial application. However, this technical scheme or idea cannot be confused with a simple topic or idea, because a simple topic or idea does not have the possibility of industrial application.
2. Patent for utility model
A new technical scheme suitable for practical use. Like the invention, the utility model protects a technical scheme. However, the protection scope of utility model patent is narrow, which only protects new products with a certain shape or structure, and does not protect methods and substances without a fixed shape. The technical scheme of the utility model pays more attention to practicality, and its technical level is lower than that of the invention. Most countries' utility model patents protect relatively simple and improved technological inventions, which can be called "small inventions".
3. Design patents
The fourth paragraph of Article 2 of China's Patent Law defines appearance design as: "Appearance design refers to a new design that is aesthetically pleasing and suitable for industrial application based on the shape, pattern or combination of products and the combination of colors, shapes and patterns."
And the conditions of its authorization are stipulated in Article 23 of the Patent Law. "The design that has been granted a patent right does not belong to the existing design; Before the filing date, no unit or individual has filed an application with the patent administration department of the State Council for the same design, and it is recorded in the patent documents published after the filing date. " Compared with the previous patent law, the newly revised patent law has higher requirements for design.
Baidu Encyclopedia-Patent Application