1. Patent protection extends to creativity. Copyright only protects expression, patent protection technology and product design.
2. Technical scheme for patent protection. Copyright tends to literary works, and copyright protects the literal things of works.
3. Different ways to obtain protection: Most important works are independently completed, and whether they are the same or similar, they are all protected by copyright law, while the invention patent law with the same content is only granted to the first applicant, requiring "originality".
4. Different kinds of rights objects: copyright protects literary, artistic and scientific works; Patent rights protect invention patents, utility model patents and design patents. The object of copyright is much wider than patent right.
5. The content of rights is different: the personal rights in copyright have the characteristics of non-transferability and permanence, including the right of publication, the right of signature, the right of modification and so on. The property rights of works mainly include the rights of reproduction, distribution, exhibition, performance and broadcasting. In contrast, the content of patent right is relatively simple, and the use of property right of works is more complicated.
The protection period of copyright property rights of legal person works and professional works is 50 years, but works that have not been published for 50 years since the date of creation are not protected. The protection period of invention patents is 20 years, and that of utility model and design patents is 10 year.
Extended data:
There are obvious differences between copyright and patent right, which are generally easy to distinguish, but in the protection of artistic and graphic works, copyright and patent right overlap. For example, when protecting actual works of art, design rights and copyrights may overlap. The international practice of resolving these conflicts is determined by the domestic legislation of each country.
Copyright is the legal ownership of computer programs, literary works, musical works, photos, movies and other copyrights. Copyright is usually considered to belong to the author unless it is transferred to another party. Most computer programs are not only protected by copyright, but also by software licenses. Copyright can only protect the form of thought, but not the thought itself. Algorithms, mathematical methods, techniques or machine designs are not protected by copyright.
Patent right, referred to as patent right for short, refers to the exclusive right of an inventor or his assignee to exploit a specific invention within a certain period of time and belongs to intellectual property rights. China promulgated the Patent Law in 1984, and the detailed rules for its implementation in 1985, which clarified the relevant matters.
References:
Patent-Baidu Encyclopedia
Copyright-Baidu Encyclopedia