1, and their protection objects are different. Copyright protects not the ideological content of a work, but the concrete form of expressing the ideological content. Patents are different. The patent law protects the novel, creative and practical invention, which goes deep into the technical scheme itself and has no form of expression.
2. Different protection conditions. Copyright does not require that the protected work be original, only that it be original. For inventions with the same content, the patent right is only granted to the first applicant. This is the difference between originality and initiative, that is, the protection conditions of both;
3. The process of producing these two rights is different. Copyright in most countries in the world is automatically generated with the completion of the creation of works, and there is no need to perform any registration procedures. However, several inventions with the same content can only be granted one patent, which excludes the possibility that other people with the same creative achievements enjoy the same rights. Therefore, the method of national administrative authorization must be adopted to determine the obligee. Patent rights need special authorization from the patent office, and can only be produced after application, examination, approval, announcement and issuance of patent certificates.
4. Their application fields are different. The works protected by copyright mainly involve the field of literature and art, and the patent right mainly occurs in the field of industrial production, which is closely related to the technical scheme of the product.
Legal basis: Article 2 of the Patent Law of People's Republic of China (PRC).
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.