The difference between the two is mainly reflected in the differences in protection objects, protection conditions, production procedures and application fields. 1, and their protection objects are different. What copyright protects is not the ideological content of the 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. The protection conditions are different. 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 procedure 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. The application fields of the two works protected by different copyrights mainly involve the fields of literature and art. The patent rights mainly occur in the field of industrial production and are closely related to the technical scheme of the products.
legal ground
Copyright Law Article 1 This Law is formulated in accordance with the Constitution for the purpose of protecting the copyright of authors of literary, artistic and scientific works and their rights and interests related to copyright, encouraging the creation and dissemination of works beneficial to the construction of socialist spiritual civilization and material civilization, and promoting the development and prosperity of socialist culture and science.