Does the software copyright registration need to be audited?
1. Does the registration of software copyright need to be reviewed? Software copyright is automatically generated after the completion of software creation, but it needs formal review and generally does not need substantive review. Formal examination is mainly to examine whether the patented materials meet the application requirements, and it will be made public after the formal examination is passed. Software copyright is a registration system and generally does not require substantive examination. As long as the materials submitted during the formal examination meet the requirements and do not violate the provisions of the copyright law, the software copyright can be granted, and the registration pass rate is extremely high. Software patents need formal examination and actual examination. 2. What is the difference between software patent and software copyright? 1. The copyright protection of software is based on the Copyright Law and the Regulations on the Protection of Computer Software. 2. The patent protection of software is based on the patent law. For the specific examination criteria, please refer to Chapter 9, Part II of China National Intellectual Property Administration Patent Examination Guide, "Several Issues Concerning the Examination of Application for a Patent for Invention Involving Computer Programs". The protection principle is different 1. 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, but also to strengthen the evidence for subsequent rights protection. 2. Software patents must apply to the Patent Office for protection, so they must be actively applied. The patent system is based on the principle of "open protection". The application pass rate is different from 1, and software copyright registration generally does not require substantive examination. As long as the materials submitted during the formal examination meet the requirements and do not violate the provisions of the copyright law, the rights can be obtained, and the registration rate is extremely high. 2. Software patents need formal examination and actual examination. Formal examination is mainly to examine whether the patented materials meet the application requirements. After the formal examination is passed, it will be made public, and then it will enter the substantive examination to examine whether the patent meets the requirements of the patent law, which must meet many requirements such as novelty, creativity and practicality. Generally, pure software patents are not easy to be licensed, and the combination of software and hardware will improve the licensing rate. The protection period and maintenance cost are different. 1, the relevant copyright protection period stipulated by law is 50 years after the author's death; For the works of legal persons and other organizations, the relevant copyright protection period stipulated by law is 50 years. In terms of cost, only the initial application fee will be paid, and no maintenance fee will be charged in the future. Generally speaking, software patents can only be applied for invention patents, and the protection period is 20 years from the date of application. The invention patent needs to pay an annual fee every year, and failure to pay after the expiration is regarded as giving up the patent right. Advantages and disadvantages are different. 1. Software copyright can be protected privately, and creators can get copyright protection quickly. General registration generally takes about 4 months to authorize, and urgent application for software copyright can be authorized within one working day at the earliest. It allows copyright owners to quickly seize the market and obtain corresponding government funding. 2. Software patents must be protected by publicity, and the application time for invention patents is 1 to 2 years, which generally cannot be expedited. The progress of software is relatively fast, and it is possible to miss the software market in the process of application. Patents protect design ideas and schemes, so they are more protective, and patents can also put forward some patents that cannot be realized now. When technology is developed, patents can be realized, and then benefits can be obtained through licensing. This is how many large companies get their patent reserves. Software copyright is automatically generated after the completion of software creation, but it needs formal review and generally does not need substantive review. Formal examination is mainly to examine whether the patented materials meet the application requirements, and it will be made public after the formal examination is passed. Nowadays, with the development of internet technology, people need more and more software, so new software is often developed for people to use, which brings great convenience to our production and life. However, the development of software works involves patents, and many people will infringe upon them because of their interests.