What's the difference between patent and copyright?

1 the concept is different: copyright is actually copyright, which refers to the rights enjoyed by the copyright owner in accordance with the law. Patent right is the right to enjoy the 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 the original subject and the successor subject.

(2) according to the degree of completeness of the subject's enjoyment of 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 according to legal procedures and become the subject of patents. Foreigners, foreign enterprises or other foreign organizations can also become patentees in China. 3 Object The object of different copyrights is the work, which refers to the intellectual achievements that are original in the fields of literature, art and science and can be reproduced in some tangible form.

Specifically, it includes works of literature, art, natural science, social science, engineering technology, etc. created in the following forms:

(1) written works;

(2) oral works, such as speeches, reports, lectures and court debates;

(3) works of music, drama, folk art, dance and acrobatics;

(4) works of art and architecture;

(5) photographic works;

(6) cinematographic works and works created by methods similar to cinematography;

(7) graphic works and model works such as engineering design drawings, product design drawings, maps and schematic diagrams;

(8) computer software;

(9) Other works prescribed by laws and administrative laws. The object of patent right: refers to inventions that meet the requirements of patent, including inventions, utility models and designs. Invention is a kind of intellectual labor. From the perspective of civil law, invention and creation is a factual act, which is not limited by civil capacity.

Therefore, people with incomplete capacity for civil conduct can also engage in invention-creation activities and thus obtain patent rights. China's patent law stipulates that invention-creation is as follows: invention refers to a new technical scheme proposed for a product, method or its transformation. Utility model, also known as small invention or small patent, refers to a new practical technical scheme for the shape, structure or combination of products.