The difference between copyright and patent right

The difference between copyright and patent right. First, the protected objects are inconsistent. Copyright-protected works and patent-protected inventions. Second, the protection conditions and requirements are inconsistent, and works protected by copyright only need originality, while patent rights are not allowed to protect two inventions with the same theme; Third, the forms of rights are inconsistent, the copyright is automatically generated, and the patent right needs to be applied to the state administrative organ; Fourth, the protection period is inconsistent. The general copyright is 50 years after the author's death, the patent right is 20 years from the date of application, and the design and utility model are 10 years.

Legal basis: The copyright protection period in Article 21 of the Copyright Law of People's Republic of China (PRC), the protection period of citizens' works, and the rights stipulated in Items (5) to (17) of the first paragraph of Article 10 of this Law are the author's life and 50 years after his death, ending at 65438+February 3 1 day in the fiftieth year after his death; If it is a cooperative work, the deadline is 65438+February 3 1 50 years after the death of the last dead author. According to Article 42 of the Patent Law of People's Republic of China (PRC), the term of the invention patent right is 20 years, and the term of the utility model patent right and the design patent right is 10 years, all of which are counted from the date of application.