The concept of 1 is different: copyright is actually copyright, which refers to the rights enjoyed by the copyright owner according to law.
A patent right is the right to enjoy an invented article according to law because of a specific invention.
2 different subjects: the subject of copyright, also known as the copyright owner, refers to the person who enjoys copyright in literary, artistic and scientific works according to law. It can be divided into the following categories: (1) According to the different ways of obtaining copyright, the subject of copyright can be divided into original subject and inheritance subject.
(2) According to the integrity of subject copyright, it can be divided into complete subject and partial subject.
(3) According to the nationality of the copyright owner, copyright can be divided into domestic subjects and foreign subjects.
The subject of patent right is the patentee, that is, the person who enjoys the rights stipulated in the patent law and undertakes the obligations at the same time. Natural persons and units in China can apply for patents in accordance with legal procedures and become the subject of patents. Foreigners, foreign enterprises or other foreign organizations may also become patentees in China.
3 different objects
The object of copyright is a work, which refers to an intellectual achievement that is original in the fields of literature, art and science and can be copied in some tangible form. Specifically, it includes works in the following forms: (1) written works; (2) Oral works such as speeches, reports, lectures and court debates; (3) Music, drama, folk art, dance and acrobatic works; (4) Artistic and architectural works; (5) Photographic works; (6) cinematographic works and works created by similar cinematographic methods; (seven) engineering design drawings, product design drawings, maps, schematic drawings and other graphic works and model works; (8) Computer software; (9) Other works as prescribed by laws and administrative regulations.
Object of patent right: refers to inventions that meet the patent requirements, including inventions, utility models and designs. Invention is an intellectual labor. From the perspective of civil law, invention is a factual act, not limited by the capacity for civil conduct. Therefore, people with incomplete civil capacity can also engage in invention and creation activities, thus obtaining patent rights.