The difference between patent and copyright

The difference between copyright and patent right lies in: the term of protection of rights is different, the way of obtaining protection is different, the exclusiveness of rights is different, the content of rights is different, and the categories of rights objects are different. Copyright protects literary, artistic and scientific works; Patent rights protect invention patents, utility model patents and design patents.

legal ground

Article 2 of the Copyright Law

Works of China citizens, legal persons or other organizations, whether published or not, shall enjoy copyright in accordance with this Law. The copyright enjoyed by the works of foreigners and stateless persons in accordance with the agreement signed between the country to which the author belongs or the country of habitual residence and China or the international treaties to which * * * is a party shall be protected by this Law. Works of foreigners and stateless persons first published in China shall enjoy copyright in accordance with this Law.

Article 2 of the patent law

Invention-creation as mentioned in this Law refers 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.