The similarity between software works and patents lies in that successful application can get government funding, and both of them can be used as conditions for applying for national high-tech enterprises. The difference between software works and patents lies in:
1, the legal basis is different. Software copyright protection shall be implemented in accordance with the Copyright Law and the Regulations on the Protection of Computer Software. Patent protection is implemented in accordance with the patent law.
2. The protection principle is different. Software copyright is automatically generated after the completion of software creation, and software copyright registration is also voluntary. Patents must apply to the Patent Office for protection.
3. The objects of protection are different. The materials submitted for software copyright application are source code and user operation manual, so software copyright protects expression, not ideas. If a competitor has thoroughly understood the software, changed the code and rewritten the software with the same function, then it is not infringement. The patent describes the design idea of the software at the time of application. Once the patent is granted, it may constitute infringement if others adopt the design idea or scheme of the software patent.
4. The application pass rate is different. The pass rate of software copyright registration is extremely high, and patent application requires high technology. To meet many requirements such as novelty, creativity and practicality, it is difficult to apply and the pass rate is low.
5. The information provided in the application is different. Software copyright needs to provide: the applicant's identity certificate, application form, source code and instruction manual; Patents need to provide: identification documents of the applicant, instructions of entrustment and technical disclosure (pictures or photos are provided for appearance patents).
6. The application cycle is different. The application period of software copyright is short, so it can be expedited, the fastest 1. The patent application cycle is long, especially for invention patents, which often take 1-2 years to be authorized to issue certificates.
7. The protection period is different. The copyright protection period of software is 50 years after the death of natural life, which is similar to the copyright protection period of works. The protection period of utility model and design is 10 year from the date of application, while the protection period of invention patent is 20 years.
8. The application fee and maintenance fee are different. Software copyright only has the early application fee, but there is no subsequent maintenance fee; In addition to the early application fee, the patent also needs to pay an annual fee, and failure to pay after the expiration is regarded as giving up the patent right. How many years do I have to pay the annual patent fee?
Software can be patented or applied for, and the patent protection value is higher, but the patent application fee is also high. Soft products are relatively not well protected by patents.