Copyright protection and patent protection of computer software are two common protection modes in the world at present. The two modes have their own advantages and disadvantages, and they also play an irreplaceable role in the intellectual property protection of computer software. If the two rights belong to different subjects, there will be a right conflict between the two rights. One form of conflict between computer software copyright and patent right is that the software copyright owner uses the patented software technical scheme to write a new program, and then registers the software copyright. Applying for a patent for software means that its patent will be made public, which also provides the possibility for the conflict between copyright and patent right. This form of conflict is actually patent infringement. In order to solve this overlap between copyright and patent right of design, we can adopt "one-time sale", that is, when painting, calligraphy, photography, film and television, graphics and other works are used in industrial design, the copyright owner must transfer the property rights in the copyright used in the product to the producer. After the transfer of rights, the products are adjusted according to the same patent law as above, and the copyright protection system is no longer applicable.
Legal objectivity:
patent law of the people's republic of china
Article 65
If a patent is exploited without the permission of the patentee, that is, the patent right is infringed and a dispute arises, it shall be settled by the parties through consultation;
Unwilling to negotiate or failing to do so, the patentee or interested party may bring a suit in a people's court or request the administrative department for patent affairs to handle it. When the administrative department for patent affairs finds that the infringement is established, it may order the infringer to stop the infringement immediately. If a party refuses to accept the decision, he may bring a lawsuit to the people's court in accordance with the Administrative Procedure Law of the People's Republic of China within 15 days from the date of receiving the notice of handling.
If the infringer fails to prosecute and stop the infringement upon expiration of the time limit, the administrative department for patent affairs may apply to the people's court for compulsory execution. At the request of the parties concerned, the administrative department for patent affairs may mediate the amount of compensation for patent infringement;
If mediation fails, the parties may bring a lawsuit to the people's court in accordance with the Civil Procedure Law of People's Republic of China (PRC).