If you don’t apply for a patent, do you have no copyright?

Not applying for a patent does not necessarily mean you have no Copyright. According to relevant legal provisions, works by Chinese citizens, legal persons or unincorporated organizations, whether published or not, enjoy copyright in accordance with this law. That is to say, the aforementioned works can enjoy copyright protection as long as they are in a completed state. Regarding the question of whether there is no copyright if you don’t apply for a patent, the editor of Legal Savior Network will give you a detailed answer below.

1. If you don’t apply for a patent, will there be no copyright?

1. If you don’t apply Patents are not necessarily copyright-free. According to relevant legal provisions, works by Chinese citizens, legal persons or unincorporated organizations, whether published or not, enjoy copyright in accordance with this law. That is to say, the aforementioned works can enjoy copyright protection as long as they are in a completed state.

2. Legal basis:

Article 2 of the Copyright Law of the People's Republic of China Article 1: Works by Chinese citizens, legal persons or unincorporated organizations, whether published or not, shall enjoy copyright in accordance with this Law.

Article 12 of the "Copyright Law of the People's Republic of China" stipulates that the natural person, legal person or unincorporated organization signed on the work is the author, and there is a corresponding copyright on the work. rights, unless the contrary is proved.

Authors and other copyright holders can register their works with the registration agency recognized by the national copyright authorities.

Rights related to copyright shall be subject to the provisions of the preceding two paragraphs.

Article 62 of the "Copyright Law of the People's Republic of China", the copyright referred to in this law is copyright.

2. What are the circumstances under which you cannot apply for a patent?

1. No patent rights will be granted for inventions and creations that violate the law, social ethics or harm public interests. Patent rights will not be granted for inventions and creations that are obtained or utilized in violation of laws and administrative regulations and relied on such genetic resources.

2. For each of the followingNo patent rights are granted for items:

(1) Scientific discovery;

(2) Rules and methods of intellectual activities;

(3) Diagnosis and treatment methods of diseases;

(4) Animal and plant species;

(5) Substances obtained by nuclear transformation;

(6) Designs made on the patterns, colors, or a combination of the two on flat printed matter that serve primarily as a logo.

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