The similarity between software works and patents lies in that successful application can get government funding, and both of them can be used as conditions for applying for national high-tech enterprises.
The difference between software works and patents lies in:
1, the legal basis is different. Software copyright protection shall be implemented in accordance with the Copyright Law and the Regulations on the Protection of Computer Software; Patent protection is implemented in accordance with the patent law.
2. The protection principles are different. Software copyright is automatically generated after the completion of software creation, and it is also registered voluntarily. Patents must apply to the Patent Office for protection.
3. The objects to be protected are different. The materials submitted for software copyright application are source code and user operation manual, so software copyright protection is a form of expression, not an idea. If competitors thoroughly understand that the software has the same function of modifying code and rewriting software, then it is not infringement. On the other hand, patents describe the design idea of software at the time of application. Once granted, it may constitute infringement if others adopt the design idea or scheme of the software patent.
4. The application pass rate is different. The pass rate of software copyright registration is extremely high, and the technical requirements of patent application are high. To meet many requirements such as novelty, creativity and practicality, it is difficult to apply and the pass rate is low.
5. The information provided in the application is different. Software copyright needs to provide: the applicant's identity certificate, application form, source code and instruction manual; Patents need to provide: the applicant's identity certificate, entrustment statement and technical disclosure (the appearance patent provides pictures or photos).
6. The application period is different. The application period of software copyright is short, so it can be expedited, the fastest 1. Patent application cycle is long, especially for invention patents, which often take 1-2 years to get authorization.
7. The protection period is different. The protection period of software copyright is the life of a natural person and 50 years after his death, which is similar to the protection period of a work. The protection period of utility model and design is 10 year from the date of application, while the protection period of invention patent is 20 years.
8. The application fee and maintenance fee are different. Software copyright only has the early application fee, but there is no subsequent maintenance fee; In addition to the preliminary application fee, the patent also needs to pay an annual fee. Failing to pay within the time limit shall be regarded as giving up the patent right. How many years do I have to pay the annual patent fee?
Software can be patented or applied for as a soft work, which has higher patent protection value, but the patent application fee is also high. Soft text is not as protected as patent.