1. What are the provisions on the copyright of patented invention software?
The stipulation of patent invention sof
1. What are the provisions on the copyright of patented invention software?
The stipulation of patent invention software copyright is that they belong to different rights, the invention belongs to the category of patent right, and the software copyright belongs to copyright.
Software copyright belongs to the category of copyright and is protected by copyright law. It is not a patent and is not protected by patent law.
Both of them belong to the concept of intellectual property, but they are of different types. The software copyright registration certificate is obtained through the examination of the software certification materials by the national accreditation body (copyright protection center), and the patent is an invention protected by legal norms. An invention that submits a patent application to the national examination and approval authority (Patent Office) and, after passing the examination according to law, grants the patent applicant the exclusive right to invent within a specified time.
The copyright of computer software refers to the exclusive rights of software developers or other rights holders to software works according to the provisions of the relevant copyright law; As far as the nature of rights is concerned, it belongs to a kind of civil rights and has the same characteristics as civil rights.
2. What is the difference between software copyright and software patent?
1, with different legal basis.
The basis of software copyright protection is the Copyright Law and the Regulations on the Protection of Computer Software.
The patent protection of software is based on patent law. For the specific examination criteria, please refer to Chapter 9, Part II of China National Intellectual Property Administration Patent Examination Guide, "Some Issues Concerning the Application for a Patent for Invention Involving Computer Programs".
2. Different application methods.
After the software copyright code is written, it is naturally protected and can be obtained without review, and the submitted materials meet the specifications.
Software patents need formal examination and practical examination, and can only be protected if they meet many requirements such as novelty, creativity and practicality.
3, the degree of simplicity is different
Software copyright is simple in obtaining rights, simple in safeguarding rights and weak in protection, and the income usually comes from collecting license fees.
Software patent rights protection is difficult, complex and protective. Benefits can not only hit competitors, but also implicitly promote technological research and development within enterprises.
Patent invention and software copyright belong to the scope of intellectual property protection in contemporary China, but their legal basis, content and application are different. This is a very clear distinction. Software copyright and patent are actually different provisions, and the two cannot be confused.