1. Copyright, that is, copyright, refers to the rights enjoyed by authors of literary, artistic and scientific works to their works. The works here include natural science, social science, literature, music, drama, painting, sculpture, photography and movies. There is no need to apply for copyright, and the author automatically owns the copyright from the time the work is completed. The effectiveness of copyright registration lies in that it can be used against a third party more effectively, as a proof document for claiming rights or bringing administrative treatment or rights dispute litigation.
Second, patents protect technical solutions, including inventions, utility models and designs, which are limited to industrial fields. The aforementioned literary and artistic works cannot be protected by patents. To obtain the patent right, you need to go through the application procedures, pass the examination and issue a certificate.
In addition to the above-mentioned protected objects and acquisition methods, there are many differences between patents and copyrights. For example, the protection period of copyright is 50 years before and after the author's death (50 years after the first publication of a legal person's work), while the protection period of patent is 20 years for invention patent, and 10 year for utility model and design patent from the filing date.
Third, the difference between patent right and copyright.
1. The ways to obtain protection are different: most of the copyrights are independently completed by important works, and whether they are the same or similar, they are all protected by copyright law, while the invention patent law with the same content is only granted to the first applicant, requiring "originality".
2. Different kinds of rights 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.
3. The content of rights is different: the personal rights in copyright are characterized by non-transferability and permanence, including the right of publication, the right of signature and the right of modification. Copyright property rights mainly include the right of reproduction, distribution, display, performance and broadcasting. In contrast, the content of patent right is simple and the use of copyright property right is complicated.
4. Different exclusiveness of rights: China's copyright law stipulates that as long as it is an original work, whether it is similar to a published work or not, it can obtain independent copyright. In contrast, patent rights are very exclusive. If an inventor obtains a patent for a technological achievement, no one else can use the technology for production and operation without his permission. 5. The term of protection of rights is different: the personal rights in copyright are generally not limited by time, while the term of protection of property rights in copyright is longer, and the term of protection of citizens' copyright is 50 years after the author's death; The copyright protection period of legal person works and professional works is 50 years, but the works have not been published for 50 years since the date of creation and are not protected; The protection period of invention patents is 20 years, and that of utility model and design patents is 10 year.
There is a significant difference between copyright and patent right, which is easy to distinguish in general, but as far as the protection of artistic works and graphic works is concerned, copyright and patent right overlap. For example, when protecting practical works of art, design rights and copyrights may cross. How to solve this conflict, the international practice is determined by the domestic legislation of each country.