1. What's the difference between copyright and appearance patent?
1, and their protection objects are different.
Copyright protects not the ideological content of a work, but the concrete form of expressing the ideological content. Patents are different. The patent law protects the novel, creative and practical invention, which goes deep into the technical scheme itself and has no form of expression.
2. Their protection conditions are different.
Copyright does not require that the protected work be original, only that it be original. 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. The rights of the two are different.
Copyright in most countries in the world is automatically generated with the completion of the creation of works, 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. Their application fields are different.
The works protected by copyright mainly involve the field of literature and art, and the patent right mainly occurs in the field of industrial production, which is closely related to the technical scheme of the product.
Second, the term of protection of the patent right.
The term of invention patent is 20 years, and the term of utility model patent and design patent is 10 year.
According to Article 42 of the Patent Law:
The term of the patent right is calculated from the date of application, and the term of the invention patent is 20 years; The term of utility model patent and design patent is 10 year.
Copyright is aimed at the copyright of a work, and in terms of protection time, the protection time of copyright is longer than that of patent right. There is also a corresponding judicial interpretation on the overlapping part of design patent right and copyright. Even if the patent right expires, the copyright of the design is not allowed to be copied by others.