1, the protected objects are different. Copyright protects not the ideological content of a work, but the concrete form of expressing the ideological content.
In other words, copyright aims to protect the ideological content of a work by protecting its expression, and ideas, facts and methods are not the direct objects of copyright protection. Patents are different. The patent law protects the novel, creative and practical inventions, which directly enter the technical scheme itself and do not need to be expressed. Because of this, as a written work, the expression form of patent specification is protected by copyright law, and the technical content it contains will be protected by patent law if it meets the requirements of patent application and is authorized by examination and approval.
2 Different protection conditions. Copyright does not require that the protected work be original, only that it be original. Any work, as long as it is conceived and created independently, regardless of whether its ideological content is the same as or similar to the published work, can obtain independent copyright; For inventions with the same content, the patent right is only granted to the first applicant. This is the difference between "originality" and "initiative", that is, the protection conditions of both.
3. Different procedures for creating rights. Copyright is automatically generated with the completion of the creation of the work, and there is no need to perform any registration procedures. However, several inventions with the same content can only be granted one patent, which excludes the possibility that other people with the same creative achievements enjoy the same rights. Therefore, the method of national administrative authorization must be adopted to determine the obligee. Patent rights need special authorization from the patent office, and can only be produced after application, examination, approval, announcement and issuance of patent certificates.
4 different application fields. Works protected by copyright mainly involve the field of literature and art, while patent rights mainly occur in the field of industrial production, which is closely related to the technical scheme of products.
The difference between copyright and trademark right
1 permissions are different. Copyright is a kind of right with dual attributes of personal rights and property rights, while trademark rights do not have the content of personal rights.
2 The protection conditions required by law are different. The copyright law requires the originality of works, and any plagiarized or plagiarized works cannot be protected by the copyright law.
. A trademark is a symbol that distinguishes goods with words, graphics and other elements. It only requires identification, whether the trademark is created by the trademark owner or not. Therefore, in some cases, the trademark owner can use other people's works of art to apply for trademark rights, and the trademark owner and the art copyright owner have their own places.
Rights are acquired in different ways. Copyright is generally generated automatically when a work is created and does not need to be registered. Trademark rights must be registered before they can be produced.