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Difference between patent protection and copyright protection
Release Time：
2020-04-01
(1) Different contents of protection
Copyright law protects the form, patent law protects the creative ideas. Copyright law protects the source code of the software, the core content of the software - the innovation of the technical program can be applied for a patent, the application of The Patent Law to protect, so that the combination of the two to make the software to get more perfect protection.
(2) Different conditions for obtaining protection
Copyright is obtained automatically, the time of obtaining the development is based on the completion of the time, once completed that is automatically obtaining the copyright, protected by the copyright law, the content of the software does not carry out any review, regardless of how the software source code is written, that is, automatically obtaining the copyright/copyright, protected by the copyright law. Patents, on the other hand, must meet the conditions for patent application and need to apply to the Patent Office, and whether or not to grant a patent needs to be examined and approved by the Patent Office.
(3) Different protection time
The protection time of the invention patent is twenty years from the date of application, but the protection is in the application for approval after obtaining the patent, the patent examination procedures are more cumbersome, from the application to obtain the certificate of patent rights generally about 3 years of time. Software copyrights are protected for 50 years from the date of completion of development. Software is already protected by the copyright law before obtaining the patent, and applying for a patent does not affect its protection by the copyright law, and there is enough patience to wait for the approval of the patent.
Source: China Intellectual Property Rights Defense Assistance Network
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