1, the legal basis is different.
The basis of software copyright protection is Copyright Law and Regulations on the Protection of Computer Software. The patent protection of software is based on the Patent Law, and the specific examination criteria need to refer to Chapter 9, Part II of China National Intellectual Property Administration Patent Examination Guide, "Several Issues Concerning the Examination of Invention Patent Applications Involving Computer Programs".
2. The protection period and maintenance cost are different.
The white protection period of software copyright is the creator's life and 50 years after his death, ending at 65438+February 3 1, that is, 50 years after his death;
If it is a cooperative work, as of 65438+February 3150 years after the death of the last deceased creator;
For the works of legal persons and other organizations, the relevant copyright protection period stipulated by law is 50 years.
In this respect, only the early application fee is paid, and there is no maintenance fee in the later period.
Generally speaking, a software patent is an application for an invention patent, and the protection period is 20 years from the date of application.
Invention patents need to pay an annual fee. Overdue is regarded as a choice to give up the patent right.
3. The basic principles of protection are different.
Software copyright is automatically generated after the completion of software creation, and it is also a voluntary registration of software copyright. The purpose of registration is to reflect the effectiveness of notarization, mainly to declare the ownership of copyright, and the evidence is stronger in the later period of rights protection. It is a must for mobile phone software to be put on the shelves. If the application is high, you can also enjoy a tax reduction of up to 30% and a state subsidy of up to 2 million.
Software patents must be submitted to the State Patent Office to be protected, so they must be actively applied. The basic principle of the patent system is "open for protection".
4. The application success rate is different.
Software copyright is a registration system, which only requires that the materials submitted during formal examination meet the requirements and do not violate the provisions of the copyright law. The success rate of registration is very high.
Software patents need to pass formal examination and actual examination. Generally, the patent of pure software is not easy to get the right, and the combination of software and hardware will improve its authorization rate, but the overall success rate is relatively low.
5. The issuing cycle time is different.
Software copyright can be protected privately, and creators can get copyright protection faster. If you apply for software copyright urgently, you can get the license within 6- 12 working days. If you fail, you will get a full refund. Such timeliness can help copyright owners to quickly occupy the market and obtain corresponding government funding.
There are many differences between patent right and software copyright. Software copyright is registered, and software patents are not easy to obtain rights. Software copyright is automatically generated after the completion of software creation, and the invention patent needs to pay an annual fee every year. The white protection period of software copyright is 50 years after the creator's life and death.
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