Is it better to apply for a design patent or a copyright for the same design?
Patent rights refer to Patent rights The exclusive rights a person enjoys in accordance with the law over his inventions, utility models and designs. The main differences between copyright and patent rights are as follows:
1. The objects of protection are different.
Copyright protects the author’s thoughts, emotions and opinions The forms of expression do not protect the content itself such as thoughts, emotions, and opinions. These forms are expressed in novels, essays, movies, songs, pictures, etc.
Patent rights protect inventions and creations, which belong to ideas , the content scope of opinions includes three types: invention, utility model and design, such as the invention of television, the manufacturing method of light bulb, and the unique design of Coca-Cola bottle.
2. The conditions and requirements for protection are different.
Decided by the object of protection, copyright law can protect two works with the same subject matter, as long as these works are original ;
But patent rights will not protect the same subject matter For example, if A invented the television and applied for a patent, B cannot apply for this patent again.
3. Rights are generated in different ways.
Copyright can usually be generated automatically without any registration or review procedures;
Patent rights must be reviewed by specific national administrative agencies in accordance with the law and then awarded to legitimate applicants.
After the above comparison, I believe you already know whether to choose patent application or copyright application. If you still have questions, Welcome to consult the lawyers of Legal Savior Network.
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