Can someone else apply for a patent after applying for copyright?

Cannot apply for patent protection. The protection subjects of the two are different. The mutual influence is the design patent, but the design granted the patent right according to Article 23 of the Patent Law does not belong to the existing design; Before the filing date, no unit or individual has filed an application with the patent administration department of the State Council for the same design, and it is recorded in the patent documents published after the filing date.

Compared with the existing design or the combination of existing design features, the patented design should have obvious differences.

A design that has been granted a patent right shall not conflict with the legal rights that others have obtained before the date of application.

Existing designs as mentioned in this Law refer to designs known to the public at home and abroad before the date of application.

The following is the scope of protection and subject qualification of copyright and patent.

Copyright: Article 3 of the Copyright Law of People's Republic of China (PRC) stipulates that works mentioned in this Law include literary, artistic, natural, social and engineering works created in the following forms:

(1) Written works;

(2) Oral works;

(3) Music, drama, folk art, dance and acrobatic works;

(4) Artistic and architectural works;

(5) Photographic works;

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

(seven) engineering design drawings, product design drawings, maps, schematic diagrams and other graphic works and model works;

(8) Computer software;

(9) Other works as prescribed by laws and administrative regulations.

Patents: Article 2 of the Patent Law stipulates that inventions mentioned in this Law refer to inventions, utility models and designs.

Invention refers to a new technical scheme proposed for a product, method or its improvement.

Utility model refers to a new practical technical scheme for the shape, structure or combination of products.

Appearance design refers to a new design with aesthetic feeling and suitable for industrial application based on the shape, pattern or combination of products and the combination of colors, shapes and patterns.