What are the differences between software copyright and software patents
1. Copyright protects content from plagiarism, while patent protection The key is that the method cannot be stolen.
2. Copyright can be protected once the work is completed, and patents can only be protected after application review.
3. Software is protected by copyright, but only software technologies that are creative, novel, and practical can apply for patents.
4. High-tech enterprise certification and related government project software copyrights are also recognized and can be processed on an expedited basis. Compared with the long cycle of patents, copyright has certain advantages in this regard. Certain advantages.
Simply speaking, software copyright can be obtained after the software creation is completed, which is often referred to as software registration, which plays a role similar to notarization.
Software patents are different. First, a patent must be obtained by filing an application with the Patent Office. Second, software patent applications describe the concept of the software. As can be seen from the above, copyright allows you to take protective measures to prevent others from piracy when your software is pirated. However, for your competitors, they are also software developers like you. They can study your software, understand your ideas, and program software with the same effect according to your ideas, and they will not infringe on your rights. Copyright. At this time, the most core thing in your software, that is, the concept of the software, cannot be protected by copyright.
Software patents are different. They are applied for in the form of technical solutions, which is the content of your 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.
The copyright protection basis for software is the Copyright Law and the Computer Software Protection Regulations, and the patent protection basis for software is the Patent Law. Of course, this does not mean that software patent protection is strong, and software patent protection is adopted. It also has its own shortcomings. To apply for a patent, the technical information of the patent needs to be disclosed, and annual fees are required to maintain the patent rights. The patent application review cycle is 2-3 years, and the cycle of the software market is shorter.