1. Different definitions: Software copyright refers to various exclusive rights enjoyed by software developers or other rights holders according to relevant copyright laws. A patent is a document issued by a government agency or regional organization representing several countries according to the application. 2. The laws of different countries are different: the protection of software copyright is mainly based on the Copyright Law and the Regulations on the Protection of Computer Software. Patent protection is mainly based on the Patent Law and the Intellectual Property Law of the People's Republic of China. 3. Different forms of protection: Soft works protect the external manifestations of works. Patents protect the function and performance of technology. For the same software, the value of copyright is far less than that of patent. Copyright can only be protected after the work is completed, and patents can only be protected after the application is reviewed. 4. The difficulty of obtaining is different: the software copyright is registered, and the basic 100% is acceptable. The patent examination system must meet the conditions of patent authorization. Article 6 of the Regulations for the Implementation of the Copyright Law of People's Republic of China (PRC) * * * If a party delays the time limit specified in the Patent Law or these Rules or the time limit specified by the patent administration department in the State Council due to irresistible reasons, resulting in the loss of his rights, he may request the patent administration department in the State Council to restore his rights within 2 months from the date of removal of the obstacle, at the latest within 2 years from the date of expiration of the time limit. In addition to the circumstances specified in the preceding paragraph, if a party delays the time limit specified in the Patent Law or these Rules or the time limit specified by the patent administration department in the State Council for other legitimate reasons, resulting in the loss of his rights, he may request the patent administration department in the State Council to restore his rights within 2 months from the date of receiving the notice from the patent administration department in the State Council. If a party requests the restoration of rights in accordance with the provisions of the first paragraph or the second paragraph of this article, it shall submit a request for the restoration of rights, explain the reasons, attach relevant supporting documents when necessary, and go through the corresponding procedures that should be handled before losing the rights; In accordance with the provisions of the second paragraph of this article, those who request the restoration of their rights shall also pay the fees. Where a party requests to extend the time limit specified by the patent administration department in the State Council, it shall explain the reasons to the patent administration department in the State Council before the expiration of the time limit and go through the relevant formalities. The provisions of the first and second paragraphs of this article shall not apply to the time limit stipulated in Articles 24, 29, 42 and 68 of the Patent Law.
Legal objectivity:
Is this software patented? There are only two kinds of software that can be patented: 1. The software can solve some technical problems in the production process and apply for invention patents. 2, the software has hardware as the carrier, which can be invented and applied. (1) Article 217 of the Criminal Law stipulates that, for the purpose of making profits, anyone who commits one of the following cases of copyright infringement, with a large amount of illegal income or other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also or only be fined; If the amount of illegal income is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and fined: 1. Reproduction and distribution of written works, music, movies, television, video works, computer software and other works without the permission of the copyright owner; 2. Publishing books that others enjoy exclusive publishing rights; 3. Reproduction and distribution of audio and video products made by the producer without the permission of the producer; 4. Making or selling works of art with forged signatures. (2) Article 218 of the Criminal Law stipulates that anyone who knowingly sells infringing copies as stipulated in Article 217 of this Law for the purpose of making profits, and the amount of illegal gains is huge, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined. (3) If a unit commits the crimes specified in Articles 213 to 219 of this section, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of this section. According to Article 2 of the Patent Law of People's Republic of China (PRC), inventions mentioned in this Law refer to inventions, utility models and designs. Invention refers to a new technical scheme proposed for a product, method or its improvement. Utility model refers to a new practical technical scheme for the shape, structure or combination of products. Appearance design refers to a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and the combination of colors, shapes and patterns.