What is the difference between patents and software copyrights? ?
The difference between software copyright and patent rights is that the rights content and legal basis are different.
Software patents are different. They are applied for in the form of technical solutions, which is the content of the software flow chart. After authorization, what is protected is the idea of the software. If others adopt the idea, it may constitute infringement. Therefore, the protection of software patents is much stronger than that of software copyrights, and can protect the core elements of the software.
In addition, the legal basis used by the two is also different.
1. Different legal basis
The copyright protection of software is based on the "Copyright Law", " Computer Software Protection Regulations.
The patent protection of software is based on the "Patent Law". For specific examination standards, please refer to Chapter 9 of Part 2 of the Patent "Examination Guidelines" of the State Intellectual Property Office "Involving Computer Programs" "Some Issues in Application for Invention Patent".
2. Different application methods
The software copyright code is naturally protected after it is written. It needs to be reviewed and the submitted materials can be obtained if they meet the specifications.
Software patents need to undergo formal review and actual review, and must meet many requirements such as novelty, creativity, and practicality before they can be protected.
3. Different degrees of simplicity
Software copyright is easy to obtain, easy to safeguard, and strong in protection Weak, the benefits generated are usually charging licensing fees.
Software patents are difficult to obtain, complex to enforce, and strong in protection. The benefits generated can not only combat competitors, but also implicitly promote technology research and development within the enterprise.
The copyright protection of software is based on copyright laws and regulations and the "Computer Software Protection Regulations", and the patent protection of software is based on patent laws and regulations.
Of course, software patent protection does not mean that software patent protection is strong, it also has its own shortcomings.
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