Are the contents of scientific and technological works protected by patents
The contents of scientific and technological works are protected by patents. Scientific papers, technical descriptions, design drawings, schematic diagrams and other scientific and technological works are protected not only by copyright law, but also by patent law, contract law and other laws, but these laws have different aspects of their adjustment. Copyright law protects the form of scientific and technological works. The printing and publication of papers, technical descriptions, design drawings, and schematic diagrams should be protected by copyright. Patent law, contract law and other laws protect the content of scientific and technological works. Scientific and technological achievements reflected in scientific papers, technical descriptions, design drawings, schematic diagrams and other scientific and technological works are protected by the right to scientific and technological achievements.
Copyright only protects the form of expression of a work but not the Protection of ideological content On the contrary, what the right to scientific and technological achievements protects is precisely the content of scientific and technological works. Developing scientific and technological works protected by copyright into practical technologies, manufacturing products according to scientific papers, technical descriptions, design drawings, and schematic diagrams, and conducting production are protected by the right to scientific and technological achievements. The copyright owner of a scientific and technological work shall not hinder the exercise of the scientific and technological achievement rights involved in the work when exercising his copyright. For example, a scientist has the right to prohibit others from reprinting his own monograph, but he does not have the right to prevent others from developing practical technologies using the principles explained in his scientific monograph. An engineer can have copyright in the design drawings he draws, but this cannot prevent others from building machines based on the design drawings.
When copyright owners exercise copyright in scientific and technological works, sometimes Related to the exercise of the scientific and technological achievement rights involved in the workcross. For example, the adaptation of design drawings requires the permission of the copyright owner according to copyright law. However, as scientific and technological achievements, design drawings are regulated by contract law and other laws. If the user can adapt the design drawings in the production field, it does not constitute plagiarism or plagiarism. In this case, the copyright owner of a scientific and technological work cannot exercise copyright against the exercise of the scientific and technological achievement rights involved in the work.
Characteristics of patent protection
1. Only when it has these three characteristics at the same time can we call it patent protection in the true sense. Its first characteristic is its exclusivity. Patent protection is the scope of protection granted by law to a specific patent. Therefore, each identical or similar product or invention can only be eligible for one patent protection. This is the so-called exclusivity. There are provisions in our country's laws that any infringement of the exclusivity of patent rights must be restricted by relevant laws.
2. Regional. Its scope of protection is restricted by country or region. Generally speaking, patent protection is only protected in a specific region. Once it exceeds this geographical scope, there will no longer be a patent law to protect the patentee. patent. Therefore, if the patentee wants to expand the scope of patent protection, it is best to apply for patents in different regions, so that everything is foolproof.
3. Temporality. Generally speaking, a patent owned by the patentee has a certain period of time. When the period expires, the patentee no longer has the exclusive rights to manufacture, use, sell, import and export the patent, and The law no longer protects its patent rights. If the patentee wants to continue to maintain his patent, he can continue to apply before the expiration date.
The above mentioned are all legal knowledge about patent protection. From this, we understand that the content of scientific and technological works is protected by patents, so the creators should maintain their own patent rights. To avoid being illegally used for profit by others. If you encounter any more complex legal issues, our Legal Savior Network will provide you with legal consulting services. Welcome to consult.
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