1. They have different legal bases.
The basis of software copyright protection is copyright law and computer software protection regulations. The patent protection of software is based on the Patent Law, and the specific examination criteria need to refer to Chapter 9, Part II of China National Intellectual Property Administration Patent Examination Guide, "Several Issues Concerning the Examination of Invention Patent Applications Involving Computer Programs".
2. The protection period and maintenance cost are different.
The software copyright protection period is 50 years before the creator's life and after his death, ending at 65438+February 3 1, that is, 50 years after his death;
If it is a cooperative work, it ends at 65438+February 3 1 day in the 50th year after the death of the last deceased creator;
As well as works of legal persons and other organizations, the copyright protection period stipulated by law is 50 years.
In this respect, only the early application fee is paid, and there is no maintenance fee in the later period.
Generally speaking, a software patent is an application for an invention patent, and the protection period is 20 years from the date of application.
An annual fee is required for invention patents. Failing to pay at the expiration of the time limit shall be regarded as giving up the patent right.
3. The basic principles of protection are different.
Software copyright is automatically generated after the completion of software creation, and it is also registered voluntarily. The purpose of registration is to reflect the effectiveness of notarization, mainly to declare the ownership of copyright. Later, the evidence of rights protection was stronger, and it was necessary to put mobile phone software on the shelves. If the application is high, you can also enjoy up to 30% tax reduction and up to 2 million state subsidies.
Software patents can only be protected if they are submitted to the State Patent Office, so they must be actively applied, and the basic principle of the patent system is "open for protection".
4. The success rate of application is different.
Software copyright registration only requires that the materials submitted during formal examination meet the requirements and do not violate the provisions of the copyright law. The registration success rate is very high.
Software patents need to pass formal examination and actual examination. Usually, pure software patents are not easy to obtain rights, and the combination of software and hardware will improve the authorization rate, but the overall success rate is relatively low.
5. The issue cycle time is different.
Software copyright can be protected without publicity, and creators can get copyright protection faster. If you choose to apply for software copyright in an expedited way, you can get the license within 6- 12 working days, and you will get a full refund if you fail. That kind of timeliness can help copyright owners quickly occupy the market and get corresponding government funding.
There are also many differences in the copyright of patented software. Software copyright is registered, and software patents are not easy to obtain. Software copyright is automatically generated after the completion of software creation, and the invention patent needs to pay an annual fee. The white protection period of software copyright is 50 years after the creator's life and death.