The difference between copyright and patent

1 Different concepts: Copyright is actually copyright, which refers to the rights that the copyright owner enjoys in accordance with the law on the work.

Patent rights are legal rights to inventive items due to specific inventions and creations.

2 Different subjects: The subject of copyright, also known as the copyright holder, refers to the person who enjoys copyright in literary, artistic and scientific works according to law. It is divided into the following categories: (1) According to the different ways of obtaining the copyright, the copyright subject can be divided into the original subject and the successor subject.

(2) According to the different completeness of the copyright enjoyed by the subject, it can be divided into Complete subjects and partial subjects.

(3) Based on the nationality of the copyright owner, copyright can be divided into domestic subjects and foreign subjects.

The subject of patent rights is the patentee, that is, the person who enjoys the rights and assumes obligations stipulated in the patent law. Both natural persons and entities in my country can apply for patents in accordance with legal procedures and become the subject of patents. Foreigners, foreign enterprises or other foreign organizations can also become patentees in my country.

3 Different objects

The object of copyright is a work, which refers to an intellectual achievement in the fields of literature, art and science that is original and can be reproduced in some tangible form. Specifically, it includes literary, artistic and natural science, social science, engineering and technology works created in the following forms: (1) written works; (2) oral works, such as speeches, reports, teaching, court debates, etc.; (3) music, Art works of drama, folk art, dance, and acrobatics; (4) fine arts and architectural works; (5) photographic works; (6) film works and works created using methods similar to filmmaking; (7) engineering design drawings and product design drawings , maps, schematics and other graphic works and model works; (8) computer software; (9) other works stipulated in laws and administrative laws.

Object of patent rights: refers to inventions and creations that meet patent conditions, including inventions, utility models and designs. Invention and creation is a kind of intellectual labor. From the perspective of civil law, invention and creation activities are a factual act and are not subject to restrictions on civil capacity. Therefore, persons without full capacity for civil conduct can also engage in inventive and creative activities and obtain patent rights.