(1) The two objects of protection are different
What copyright protects is not the ideological content of the work, but the specific form in which the ideological content is expressed. Patent rights are different. What patent law protects are inventions and creations that are novel, creative and practical. It puts aside the form of expression and goes deep into the technical solution itself.
(2) The protection conditions between the two are different
Copyright does not require that the protected work be original
but only requires that it be original. For inventions with the same content, patent rights are only granted to the first applicant. This is the difference between "originality" and "initiality", that is, the protection conditions between the two.
(3) The two rights generation procedures are different
Copyrights in most countries in the world are automatically generated with the completion of the creation of the work, and there is no need to complete any registration procedures. However, only one patent can be granted for several inventions with the same content, which excludes the possibility of other people with the same creations enjoying the same rights. Therefore, the method of national administrative authorization must be used to determine the right holder. The creation of patent rights requires special authorization from the patent authority, and can only be generated after procedures such as application, review, approval, announcement, and issuance of patent certificates.
(4) The applicable fields of the two are different
The works protected by copyright mainly involve the fields of literature and art. Patent rights mainly occur in the field of industrial production and are closely related to the technical solutions of products.