Legal analysis: 1. Patent protection extends to creativity. Copyright only protects expression, patented technology and product design. 2. Technical scheme for patent protection. Copyright tends to literary works, and copyright protects the literal things of works. 3. Different ways to obtain protection: Most important works are independently completed, and whether they are the same or similar, they are all protected by copyright law, while the invention patent law of the same content is only granted to the first applicant, so it should be "original". 4. There are different types of right objects: copyright protects literary, artistic and scientific works; Patent rights protect invention patents, utility model patents and design patents. The object of copyright is much wider than patent right. 5. The content of rights is different: the personal rights in copyright have the characteristics of non-transferability and permanence, including the right of publication, the right of signature, the right of modification and so on. The property rights of works mainly include the rights of reproduction, distribution, exhibition, performance and broadcasting. In contrast, the content of patent right is relatively simple, and the use of property right of works is more complicated.
Legal basis: Invention in Article 2 of the Patent Law of People's Republic of China (PRC) refers to a new technical scheme 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.