The difference between declaring copyright and patent

Legal analysis: the difference between applying for copyright and applying for patent is mainly reflected in the differences in protection objects, protection conditions, production procedures and application fields. Copyright refers to the exclusive rights enjoyed by citizens, legal persons and other organizations in the fields of literature, art and science. Patent right refers to the exclusive right enjoyed by the patentee for his invention, utility model and design according to law. In addition, the legal basis adopted by the two is also different. Copyright protection is based on copyright law and patent protection is based on patent law.

Legal basis: Article 3 of the Copyright Law of People's Republic of China (PRC) * * * The term "works" as mentioned in this Law refers to intellectual achievements that are original and can be expressed in a certain form in the fields of literature, art and science, including: (1) written works; (2) Oral works; (3) Music, drama, folk art, dance and acrobatic works; (4) Artistic and architectural works; (5) Photographic works; (6) Audio-visual works; (seven) engineering design drawings, product design drawings, maps, schematic diagrams and other graphic works and model works; (8) Computer software; (9) other intellectual achievements that meet the characteristics of the work. People's Republic of China (PRC) Patent Law Article 2 Invention-creation as mentioned in this Law refers 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 that is aesthetically pleasing and suitable for industrial application, which is made on the shape, pattern or their combination of products and all or part of the combination of colors, shapes and patterns.