1, and their protection objects are different. What copyright protects is not the ideological content of the work, but the concrete form of expressing the ideological content. Patents are different. The patent law protects the novel, creative and practical invention, which goes deep into the technical scheme itself and has no form of expression. 2. The protection conditions are different. Copyright does not require that the protected work be original, only that it be original. For inventions with the same content, the patent right is only granted to the first applicant. This is the difference between "originality" and "initiative", that is, the protection conditions of both. 3. The procedure of producing these two rights is different. Copyright in most countries in the world is automatically generated with the completion of the creation of works, and there is no need to perform any registration procedures. However, several inventions with the same content can only be granted one patent, which excludes the possibility that other people with the same creative achievements enjoy the same rights. Therefore, the method of national administrative authorization must be adopted to determine the obligee. Patent rights need special authorization from the patent office, and can only be produced after application, examination, approval, announcement and issuance of patent certificates. 4. The application fields of the two works protected by different copyrights mainly involve the fields of literature and art. The patent rights mainly occur in the field of industrial production and are closely related to the technical scheme of the products. Copyright refers to the exclusive rights enjoyed by citizens, legal persons and other organizations in the fields of literature, art and science. Patent right refers to the exclusive right enjoyed by the patentee for his invention, utility model and design according to law. The differences between copyright and patent right are as follows: (1) The objects to be protected are different. Copyright protects the expression of the author's thoughts, feelings and opinions, but not the content itself. These forms include novels, papers, movies, songs, pictures and so on. Patents protect inventions, which belong to the category of ideas, including inventions, utility models and designs, such as the invention of TV sets, the manufacturing method of light bulbs and the unique design of coca-cola bottle. (2) The conditions and requirements of protection are different. According to the different objects of protection, the copyright law can protect two works with the same theme, as long as they are original; However, the patent right will not protect two inventions with the same theme. For example, A invented the TV set and applied for a patent, so B can no longer apply for this patent. (3) The rights are generated in different ways. Copyright can usually be generated automatically without any registration or review procedures; The patent right must be granted to the legal applicant after being examined by a specific administrative organ of the state according to law. (4) The content of rights is different. The contents of copyright include personal rights and property rights; However, the patent right only includes the content of property rights such as the right to implement, the right to license others to implement and the right to transfer, and does not include the content of personal rights. (5) The term of rights protection is different. As mentioned above, the protection period of property rights of works is generally 50 years after the author's death; The protection period of the patent right is 20 years for the invention patent, and 10 years for the design and utility model respectively, counting from the date of application. What is the difference between trademark registration, trademark change, trademark transfer, trademark reexamination, appearance patent application, intellectual property agency, patent application, copyright application certification of works, and well-known trademarks assisting copyright protection and patent protection? Copyright and patent belong to people's intellectual property rights, so many people tend to confuse their contents, but there are still great differences between them in terms of the object of protection, the scope of application and the procedure of generating rights.
Legal objectivity:
Article 21 Copyright Protection Period of the Copyright Law of People's Republic of China (PRC) * * * The protection period for citizens' works, their publishing rights and the rights stipulated in Item (5) to Item (17) of Paragraph 1 of Article 10 of this Law is 50 years before the author's death and ending at 65438+February 3 1 day in the 50th year after his death; If it is a cooperative work, the deadline is 65438+February 3 1 50 years after the death of the last dead author.