Question 2: Is software copyright a patent? Based on this, right? Copyright and patent are two different things, but they are both intellectual property rights.
Question 3: What is the difference between software copyright and invention patent? If the technical content in an application for a patent for invention is designed in the software copyright registration, it is necessary to apply for a patent for invention first, and then register the software copyright, because the patent for invention is subject to novelty examination, otherwise it will have an impact.
To avoid the above situation, we must ensure that the patent application date is before the software copyright registration date, even if it is one day.
Question 4: The difference between software copyright and patent. It is said that Baba's software copyright adopts the registration system, which is basically 100%. The patent examination system must meet the conditions of patent authorization. It is difficult to obtain a license for the corresponding software. Soft works protect the external expression of works and the function and performance of patent protection technology. For the same software, the value of copyright is far less than that of patent.
Question 5: Our company has developed a software by itself. Should I apply for software copyright or patent? Can we apply for a patent? Software can't be patented, only protected by copyright.
Copyright does not need to be applied for, and shall be protected by law from the date of completion of the work. China has the protection registration of computer software, but that registration is only publicity, not an important element of copyright.
Question 6: Is the software copyright registration certificate a patent? Hello, copyright and patent belong to the category of intellectual property.
According to China's current laws and regulations, software copyright protection has the following main contents:
The first is the theme of protecting software copyright.
Software copyright owner is the subject of software copyright protected by law, mainly including citizens, legal persons or other organizations who enjoy software copyright according to law.
Generally speaking, the software copyright belongs to the software developer, unless otherwise stipulated by law. Software copyright belongs to software developers, which is a general principle to determine the ownership of software copyright. Software developers include independent developers, cooperative developers, entrusted developers and developers appointed by state organs. The ownership of the latter three copyrights requires a formal written contract.
According to the law, a person who obtains copyright by inheritance, transfer or acceptance can also become a software copyright owner and be protected by law.
The second is to protect the object of software copyright.
Computer programs (including source programs and object programs) and their related documents (such as program design instructions, flow charts, user manuals, etc.). ) are the objects of software copyright and are protected according to law.
The third is to protect the rights enjoyed by software copyright owners.
Software copyright owners enjoy the following rights:
The right to publish, that is, the right to decide whether the software is open;
The right of signature, that is, the right to indicate the identity of the developer and sign the software;
The right to modify, that is, the right to add or delete software or change the order of instructions and statements;
The right to copy, that is, the right to make one or more copies of the software;
Distribution right, that is, the right to provide the original or copy of the software to the public by way of sale or gift;
The right to rent, that is, the right to license others to use the software temporarily for a fee, except that the software is not the main object of rent;
The right of information network communication, that is, the right to provide software to the public by wired or wireless means, so that the public can obtain the software at the time and place they choose;
Translation right, that is, the right to convert the original software from one natural language to another;
Software copyright owners may license others to exercise their software copyright and have the right to receive remuneration.
The software copyright owner can transfer his software copyright in whole or in part, and has the right to receive remuneration.
The rights enjoyed by the software copyright owner come into being from the date when the software development is completed.
The protection period of natural person's copyright is 50 years after life and death, and ends at 65438+February 3 1 day in the 50th year after death;
The copyright protection period of a legal person or other organization is 50 years, ending on 65438+February 3 1 day in the 50th year after the first publication of the software.
The fourth is to protect the rights of legal copy owners of software.
The owner of legal copy of software refers to the person who obtains legal copy of software through legal channels, in short, the person who obtains genuine software through formal channels. They enjoy the following rights according to law:
1, and install the software into devices with information processing capabilities such as computers according to the needs of use;
2. Make backup copies to prevent the copies from being damaged, but these copies are only for your own use and may not be provided to others;
3. Make necessary modifications in order to use the software in the actual computer application environment or improve its functional performance, but the modified software can only be used by itself and cannot be provided to a third party.
The fifth is to protect the users and transferees of software copyright transfer license contracts.
The Regulations on the Protection of Computer Software stipulates that the software copyright can be transferred in whole or in part, and some rights can be exclusively licensed. Software copyright obtained through transfer or exclusive license shall be protected according to law.
It should be noted that a written contract must be signed to transfer or license copyright, and the registration procedures must be fulfilled.
Question 7: Are software copyright certificates and software patent certificates the same thing? Software can apply for copyright registration and obtain software copyright certificate, but software cannot apply for patent, so there is no software patent certificate. Copyright and patent rights are intellectual property rights, and people who say software patent certificates may slip their tongue.
Question 8: What is the difference between software copyright and patent? Software copyright adopts the registration system, which is basically 100%. The patent examination system must meet the conditions of patent authorization. It is difficult to obtain a license for the corresponding software. Soft works protect the external expression of works and the function and performance of patent protection technology. For the same software, the value of copyright is far less than that of patent.
Question 9: Is there any difference and connection between copyright and intellectual property? Copyright is a part of intellectual property. Generally speaking, intellectual property rights include trademarks, patents and copyrights. Copyright here refers to copyright, and there are many classifications of copyright, including works copyright and software copyright. The copyright of works is subdivided into artistic works, model works, photographic works, audio-visual works and so on. In a word, intellectual property is a big category, and copyright is one of the plates of intellectual property.