1, the differences between software works and patents are as follows:
(1) has different definitions. Software copyright refers to all kinds of exclusive rights enjoyed by software developers or other rights holders according to the relevant copyright law. A patent is a document issued by a government agency or regional organization representing several countries according to the application.
(2) Different forms of protection. Soft writing is to protect the external expression of works; Patents protect the function and performance of technology.
(3) The acquisition difficulty is different. Software copyright is basically 100% passable. The patent examination system must meet the conditions of patent authorization.
2. Legal basis: Article 22 of People's Republic of China (PRC) Patent Law.
Inventions and utility models granted patent rights should be novel, creative and practical.
Novelty means that the invention or utility model does not belong to the prior art; Before the filing date, no unit or individual filed an application for the same invention or utility model with the administrative department for patent in the State Council, and it was recorded in the patent application documents published or announced after the filing date.
Creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.
Practicality means that the invention or utility model can be manufactured or used and can produce positive effects.
The existing technology mentioned in this law refers to the technology known to the public at home and abroad before the date of application.
Second, what is the procedure for applying for a patent?
The procedure for applying for a patent is as follows:
1, application. The applicant shall submit application materials as required;
2. Acceptance and payment. When accepting an application to China National Intellectual Property Administration, the parties concerned shall pay the patent application fee;
3. First instance. China National Intellectual Property Administration conducts a preliminary review after accepting it;
4. Announce in advance. Announced immediately after the preliminary examination;
5. Substantive review. China National Intellectual Property Administration conducts substantive examination according to the request of the applicant;
6. Authorized registration. After examination and approval, the invention patent certificate is authorized to be issued, and registered and announced at the same time.